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Home My WebLink About94-02089 ,,-. - .c o .tJ .'.,.~ 1 -,.-.. ~ p. J t R ; Kathy M. Henderson, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PllNNSYLVANIA . . : v. NO. 94 - ~ 089 CIVIL TERM . . Darryl S. Henderson, Defendant : PROTECTION FROM ABUSE AND NOW, this TEMPORARY PROTECTIVE ORDER ..J Z z.. day of Apri I, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Kathy M. Henderson, now residing at 118 Springfield Road, Newville, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Darryl S. Henderson, the following Temporary Order ia entered. The defendant, Darryl S. Henderson, now residing at 118 Springfield Road, Newville, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Kathy M. Henderson, or placing her in fear of abuse. The defendant is ordered to refrain from harassing the plaintiff or her relativE's. 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 :1 ",-:( day of ':'-)-/7 <'((..1- v , 1994, at i,': ,)0 ~ .m. in Courtroom No.~, Cumberland County , Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed in forma Dauneris pending a further order aCter the hearing. The Cumberland County Sheri ff's office shall attempt to make service at the plaintiff's request, but service may be accomplished under any applicabie r"....;.'..' ' ,. j]'tfr'~It$li4_"rri rule of Civil Procedure. The Newville 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, --;Y-'4~ .' i Ii 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 Kathy M. Henderson, Plaintiff : I N TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . NO. 94 - ~oa'1 CIVIL TERM v. Darryl S. Henderson, Defendant : PROTECTION FROM ABUSE . . PETITION FOR PROTRCTIVE 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 118 Springfield Road, Newville, Cumberland County, Pennsylvania, 17241. 2. The defendant is an adult individual residing at 118 Springfield Road, Newville, Cumberland County, Pennsylvania, 17241. 3. The defendant is the plaintiff's husband. 4. Since approximately March 1994, 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 15, 1994, when the defendant was in the bathroom, he became enraged, kicked the locked bathroom door open, broke the lock, and went after the plaintiff causing her to fear for her safety. When he came out of the bathroom, he pushed the plaintiff causing her to fall back onto the bed. The defendant yelled at the plaintiff while he repeatedly poked his index finger in her face. The defendant then told the plaintiff to get out of the house threatening to break her neck If she didn't leave. b. On or about March 1994, while the plaintiff was sitting on a chair, the defendant forcefully grabbed her by her throat, pushed the chair onto it's back legs, and shoved her against the wall causing the plaintiff to have a sore neck. c. On several different occasions, the defendant has grabbed the plaintiff by her arm restraining her and causing her to fear for her safety. 5. On or about April 15, 1994, the plaintiff took her child and left the residence at 118 Springfield Road, Newville, Cumberland County, Pennsylvania in order for the plaintiff to avoid further abuse. 6. 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. 7. The plaintiff desires that the defendant be ordered to refrain from harassing the plaintiff or her relatives. 8. 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. A'M'ORNEY FEES 9. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees pursuant to the Protection from Abuse Act. C. STATUS TO PROCEED IN FORMA PAUPERIS 10. The defendant is employed at Lane Enterprises and has gross monthly salary of approximately $1500.00. 11. The plaintiff currently has no income. 12. The plaintiff does not have funds available to pay the fees for filing and service. WHEREFORE, pursuant to the provisions of the "Protection froll 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: , ..r.~' .'......-.""..- A. Grant a Tellporary Order pursuant to the "Protection Crall Abuse Act": 1. Requiring the deCendant to reCrain Crall abusing the plaintiCC or placing her In Cear oC abuse. 2. Requiring the deCendant to reCrain Crall harassing the plaintiCC or her relatives. 3. Ordering the deCendant to reCraln Crall damaging or destroying any property owned by the plalntiCC or any property owned jointly by the parties. B. Schedule a hearing In accordance with the provisions of the "Protection Crall Abuse Act," and, after such hearing, enter an order to be in eCfect Cor a period oC one year: 1. Requiring the deCendant to reCrain Cram abusing the plaintlCf or placing her in fear of abuse. 2. Requiring the deCendant to reCrain Crall harassing the plaintifC or her relatives. 3. Ordering the defendant to reCrain Crall damaging or destroying any property owned by the plaintiCf or any property owned jointly by the parties. 4. Ordering the deCendant to pay reasonable attorney Cees. The plaintiff Curther asks that this Petition be Ciled and served without payment of costs, pending a Curther order at the hearing, and that a copy oC this Petition and Order be delivered to the Newville and Pennsylvania State Police Departments as the Police Departments with jurisdiction to . enforce this Order. The plaintiff prays for such other relief as .ay be just and proper. Respectfully sub.itted, ~~. -r.f Carey - Attorney for Plain itf LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Date:~ -(111 'f1djii/ '1Jl, "1/;:~lld(A.Jfb U Kathy M. flenderson. Plaintiff The above-named plaintiff, Kathy M. Henderson, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are mode subject to the penalties of 18 Pa. C. S, Section 4904 relating to unsworn falsification to authorities. .,', ,,~'~~",f ~,,~:;:~'.~j~: _'::}~:~ ':;,~~..-. .. '~', '" , " 'j.. ,>!, """'i~ ,,,,., . ~. 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"I..<'~', ., "/', ',,,. 1 ' " .,~ ,,,,,,.' ;" ,-,":,;.;...'l"y:.t;\:; ";.~'l " , ::c;:b?~t%~~:,;'}'.l " ',Y.l""i'I""'",!"", _, -....... - "''''i.r'~;''-' "~.t'" _'f;;i_ -'1.(. -,..j-'''~~!f,',H-:7"~IR''O' ,~,. ;"g~ i';;'11~,:1@.~. ,~~' 'Ci " . \~:-~)~~( ~.~ . ~. ",., .',' . . -,:~n;' :.,~_.:g : ~~~;:.. " " ,. , , ~"'~~~!~fi~~c,:~<:t;:':\::; ';{;".::\~~4~;'~f6:~~'fj~~t*~~~f;;~.::!":' ' ~".~:~-~,.;,\..;..'.;.., .~; .' :-, . ,~, '<~:t:>" . . "-::'.il -; ~ J ;--~~~-J ' .,,'( , },1.t :to.ll: ,I ! i J ;'1 :hRZl. U 03 AH 'Sq . . fi;,U'v;rICE: Of :'/11: P;';)7110NOTAr.y CU,"Jtr'L\iiO OO;ul,ry rlillli~~'tVMi!A,' ~3f .00 IA..tt G. ~~~. ,'-, J ;~. ,,_., ~';~ .,,~-~ ;~~;IS .\- <.~~~~;t~ ..'2{~.~ -:-.!~ , " .' L >,jO "'_~::~~.:~<;' ~ :}-.' '.i '.. ...~~;:'--,~ " , '~"'_..'.. III ,"--- :~'~'~-:'.''', '--7-'..7i~::--~":,,j':;-;~~"'A".;':!-~';;~":':}--J!'f.~ _ y_': 'f~">i;.t~"'t'~...:\~,:'J'~~".,~ ~.. :. " , . -' :\~:~(~:,:~~;1~b~':J'~~~~~,~.~i~-0tt.~;..~~:':'~,~~!~;~~'=:~':!'. -~-, ~ .'_~ . .. -~",Y "',~;r'--'" ~-.;."".", SHERIFF'S RETURN c:.'CM1ClNWEAL'll1 OF PENNSYLVANIA I COUNl'Y OF ClMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania NO. 94-2089 Civil Term Temporary Protective Order Protection From abuse, Notice & Petition for Protective Order Kathy M. Henderson VS Darryl S. Henderson patricia Shatto , ~XR<U 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, Notice & Pet1t1on tor protect1ve uraer upon Darryl S. Henderson , the defendant, at 3: 15 o'clock P .M. ~ / EDST, on the 22 April , 19.-2..4tt day of The Cumberland County Courthouse, Sheriff's Dept., , Cunberland County, One Courthouse Square, Carlisle Pennsylvania, by handing to Darryl S. Henderson a true and attested copy of the Temporary Protective Order Protection Fr9m Not1ce & Pet1t10n tor Protect1ve uraer his attention to the contents thereof and and at the same time directing the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge 14.00 So answers I ~~:::~~<~ R. Thomas Kline, Sheriff Sworn and subscribed to before rre by .R'~",~J~Jt; Deputy Sheriff this .l7 ~ day of C'1l..:J v 19 9'( A.D. ~I.I 0 n..jG,~, ~. Prothonotary Henderson, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : vs. : : NO. 94 - 2089 CIVIL TERM Darryl S. Henderson, Defendant PROTECTION FROM ABUSE AND NOW, this PROTECTIVE ORDER 2f~ day of April, 1994, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, Darryl S. Henderson, is enjoined from physically abusing the plaintiff, Kathy M. Henderson, or from placing her in fear of abuse. 2. The defendant is ordered to refrain from harassing the plaintiff or her relatives. 3. The defendant is ordered to refrain from damaging or destroying any property owned by the plaintiff or any property owned jointly by the parties. 4. This Order shall remain in effect for a period of one year. 5. The Newville 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 APR 29 II os ~H '9~ , .Ift ICf or " <. rHjWJTt,~Y (I';'~H i'LdlO C~~NTY f'E 'H"~ '(~ VAIl' A " . c.,.'.,}:'._ ~'\ ,,-,_. J ,,,. -, , ,-' .'~ ..:.',~"l"'~' ',.~\::' :.- ~~';, ':,-~.. -. . , " ':~':;J1,~~~~;.A:V ".'-b';l;~/r"'" -<. "'.t!;.v~' ~~~ !t!'~-7.qf . r "',', ~r'-:'!;"' .~~>;"",:.k~ .: j:."':'~'~':~~t. '~'}x-:~~'~~t~l 1 :.-)/,'. .... 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. Section 6113). By the Court, //.tJ- Hess, J. ...- .,. '<~.,..,t- ~---_. ,. ~.~!t! '. .. Kathy M. Henderson, Plaintiff : IN THE COURT OF COMMON PLEAS OF . . . . CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : vs. . . : NO. 94 - 2089 CIVIL TERM Darryl S. Henderson, Defendant : : PROTECTION FROM ABUSE CONSENT AGREEMENT This Agresmsnt is entered on this day of April, 1994, by the plaintiff, Kathy M. Henderson, and the defendant, Darryl S. Henderson. The plaintiff is represented by Joan 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, Darryl s. Henderson, agrees to refrain from abusing the plaintiff, Kathy M. Henderson, or from placing her in fear of abuse. 2. The defendant agrees not harass the plaintiff or her relatives. 3. The defendant agrees not to damage or destroy any property owned by the plaintiff or any property owned jointly by the parties. 4. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 5. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one year. 6. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary ~;<:H.,D,,~~.~ti"'t!t , Protective Order entered in this case. WHEREFORE, the parties request that the Order(s) of Court be entered to reflect the above terms. ~WJ.'-II~n1~ Ka hy . Henderson, Plaintiff ;j a Carey ttorney for Pla ntiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400