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HomeMy WebLinkAbout94-02378 " '\ \ \ \ , / / , ~: f'i N")i ~I I "j- ~ IN THE COURT OF COIOION PLEAS OF CUMIlERLAHD COUNTY, PIOOlSYLVANIA CIVIL ACTION - LAW v. NO. 94 - ,',3 7" CI VI L TERM Jeff J. Johnson, Defendant PROI'ECTION ~ ABUSE AND NOW, thiB TEMPORARY PROTECTIVE ORDER :; u.. day of May, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Kara J. Brady, now reBiding at 3813 Lamp POBt Lane, Camp Hill, Cumberland County, PennBylvania, is in immediate and present danger of abuse from the defendant, Jeff J, Johnson, the following Temporary Order iB entered. The defendant, Jeff J, Johnson, whose present reBidence iB unknown to the plaintiff, is hereby enjoined from phYBical1y abusing the plaintiff, Kara J. Brady, or placing her in fear of abuse and iB ordered to stay away fro. the reBidence located at 3813 Lamp Post Lane, C/lIIIP IIi 11, Cumberland County, PennBylvania, a reBidence owned by the plaintiff's parent.s, Robert and Audrey Brady. The defendant is hereby notified that if he reBideB in the plaintiff's domicile contrary to thiB Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000,00 andlor by a sentence of up to six monthB in jail and any other appropriate punishment. Resumption of co- reBidence on the part of the plaintiff and the defendant shall not nullify the provisionB of the court order directing the defendant to refrain from abusing the plaintiff. The defendant iB ordered t.o refrain from having any contact with the plaintiff including, but not limited to, rest.raining the defendant from entering t.he plaintiff's place of employment, and from Bt.alking or harassing the plalnti ff. The defendant is ordered to refrain froll dlUlaging or destroying any property owned by the pialntlff or any Ilroperty owned Jointly by the parties. This Order shall rellain In effect until a final order is entered in thia case. A hearing shall be held on this .atter on the Iltl day of May, 1994, at ;3', 30 (',., in Courtroom No,-:11:-, Cu.berland County Courthouse, Carlisle, Pennsylvania, The plaintiff .ay proceed in f2LmA DauDeris pending a further order after the hearing, The Cu.berland County Sheriff's office shall attempt to sake service at the plaintiff's request, but service may be accomplished under any applicable rule of Civil Procedure, The "aepden 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 when a violation occurs by arrest for indirect crillinal contempt. The arrest may be without warrant upon probable cause that this Order has been violated, whether or not the violation is com.itted in the presence of the police officer, In the event that an arrest is .ade 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), .. / .~..;;.~~.,","l_ "ara J. Brad)', Plaintiff IN THIl COURT OF CXlIOION PLIlAS OF : CUMBIlRLAlOl COUNTY, PIlNNSYLVANIA : CIVIL ACTION - LAW , . ~) lJ CIVIL TIlRN v. : NO, 94 - Jeff J. Johnson, DefendlUlt : PROTECTION FROM ABUSIl NOTICIl You have been sued in court, If you wish to defend against the claias 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 aay 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 TAKIl THIS PAPIlR TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONIl, GO TO OR TELIlPHONE TilE OFFICE SET FORTH BIlLOW TO FIND OUT WlIERE YOU CAN GIlT LEGAL HELP, COURT ADMINISTRATOR, 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TIlLEPlIONE NUMBER: (717) 240-6200 ltara J. Brady, Plaintiff IN TIlE COURT OF COMIIOIl PLEAS OF CUMBERLAND COUNTY, PlHNBYLVANIA CIVIL ACTION - LAW Y. NO. 94 - A:; /S CIVIL TEIUQ PROl'IlCTION PROM ABUSE Jeff J. Johnson, Defendant PETITION FOR PROTECTIVE OKDIlR RELIEF UNDER TilE 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 3813 Lamp Post Lane, Camp lIill, Cumberland County, Pennsylvania, 17011, 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 September 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 i.minent serious bodily injury. This has included but is not limited to the following specific instances of abuse: a, On or about May 3, 1994, in the morning, the defendant reached his hand in through a broken window, unlocked the back door of the plaintiff's residence, and forcefully pushed the door breaking the door frame, (The plaintiff had discovered the broken window the day before and had not been able to fix it,) When the defendant entered the residence, he was very angry and threatened to harm the plaintiff and destroy the house if his belongings got ruined out on the screened-in back porch, The plaintiff feared for her safety and left the residence. -_...E..... b, On or about April 19, 1994, the defendant grabbed the plaintiff wIth both hands on her shoulders, and forcefully shoved her backwards causIng her to fall to the floor, The plaintiff left the realdence because she feared for her safety, c, On or about April 14, 1994, when the defendant returned hoae approximately 1:30 a,m" he found the door locked, When the plaintiff caae to the door, the defendant screamed, forcefully puahed on the front door breaking the frame of the door and came into the residence, The defendant grabbed the plaintifC by her arm and shoved her cauaing the plaintiCf to have bruises and to Cear Cor her saCety, d. In or about September 1993, the deCendant force Cully shoved the pal. oC his hand into the plaintlCC'a chest causing a bruise, 5, The plalntiCC believes and thereCore avers that she will be in iamediate and present danger oC abuse from the deCendant should she remain in the home without deCendant's exclusion and that she is in need of protection Crom such abuse, 6. The plaintiCf desires that the deCendant be ordered to reCrain Crom having any contact with her including, but not limited to, entering her place oC employment, and Crom stalking or harassing the plaintiCf, 7, The deCendant is ordered to refrain Crom damaging or destroying any property owned by the plaintiCC or any property owned jointly by the partiea, B. EXCLUSIVE POSSESSION 8, The home Crom which the plaintiCC is asking the Court to order the deCendant to stay away is owned in the plalntifC's parents' naaes, Robert and Audrey Brady, C, A'M'ORNEY FEES 9, The plaintiCC asks that the deCendant be ordered to pay reasonable "..._~,,, attorney fees pursuant to the Protection from Abuse Act, IlL STATUS TO PROCEED IN PORMA PAUPERIS 10, The defendant is employed by Penn State University at Hershel Medical Center as a Financial Aid Officer for graduate students and has a gross earnings of approxiaately $26,000,00 per year, 11, The plaintiff is eaployed at the Capital Area Interaediate Unit and has a net earnings of approxiaately $20,000,00 per year, 12, The plaintiff does not have funds available to pay the fees for filing and service because of her sizable payroll deductions and her nuaerous monthly expenses which make it iapossible for her to pay at this time, WHEREFORE, purBuant 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 Temporary Order pursuant to the "Protection froa 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 entering the plaintiff's place of employaent and from stalking or harassing the plaintiff, 3, Ordering the defendant to stay away from the residence located at 3813 Lamp Post Lane, Camp Hill, Pennsylvania, 4, Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 5. Ordering the defendant to refrain froa damaging or destroying any property owned by the plaintiff or any property owned jointly by the parties. 8, Schedule a hearing In accordance with the provisions of the "Protection frolD Abuse Act," /lild, after such hearing, enter an order to be in effect for a period of one year: 1, Requiring the defendant to refrain fro. abusing the plaintiff or plscing her in fear of abuse, 2. Requiring the defendant to refrain fro. having any contact with the plaintiff Including, but not limited to, reBtraining the defendant from entering the plaintiff's place of employment and from stalking or harassing the plaintiff, 3, Ordering the defendant to stay away from the residence located at 3813 La.p Post Lane, Camp Hill, Pennsylvania. 4, Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself, 5. Ordering the defendant to refrain frolD 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 lIampden 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, Respectfully submitted, ,h.~ Attorney for Plaintiff LEGAL SERVICES, INC, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ...... -." , The above-n~ed plaintiff, Kara J, Brady, verifies that the state.ents made in the above Petition are true and correct. The plaintiff understand. 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:~ , . ,;:,:,;,;",,:,~..,:~,j' r",',;, ,!i;;t":~i>;>;:!\4 '''';;'r ,.,,' """.",,,""lll"""'t,,.AA 4i!.~tM,,'.1f.;.\\~~,4;',~~~~"'''' '" , " '.H__. . 'C cf) . H::r r .) II tl2 t,H '9~ ~ .' -~. " tf i -:1 (1.'1; j'; f'[';, . c: rt;;c ../ii;jllrJ.I'.....'.y l' ,..."...1... :',':!I.)/;,HilHY .n 11...'1:.\;1.' ~, , .' - ~ <1135, 00 ~ c, 10' -, " :-, ., -~: ~. ,., :... ,... ", -.. '" -: ;.; " . -: " '. . J' " ~-'_''''';'''~__%f";_'''''''''____~_~'_~''_'_~'''_~__'''_'.__'' t---"'-' . '.' ~ I'!' '\ . III ... - '. ; ",.." "-"---' ...-.."1". Kara J. Brady, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : : NO. 94 - 2378 CIVIL TERM : Jeff J. Johnson, Defendant : PROTECTION FROM ABUSE PROTECTIVE n~ AND NOW, this \\ day of May, 1994, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1, The defendant, Jeff J, Johnson, is enjoined from physically abusing the plaintiff, Kara J. Brady, or from placing her in fear of abuse, 2. The defendant, Jeff J. Johnson, is hereby excluded from ths premises located at 3813 Lamp Post Lane, Camp Hill, Pennsylvania, The defendant is hereby notified 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. 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, 3, The defendant, Jeff J. Johnson, is ordered to stay away from any residence the plaintiff may establish for herself in the future, 4. The defendant is ordered to refrain from having any contact with the plaintiff including, but not limited to, entering the plaintiff's place of employment. 5. The defendant is ordered to refrain from stalking or harassing the plaintiff, 6, The defendant is ordered to refrain from damaging or destroying any property owned by the plaintiff or any property jointly owned by the parties. 7, This Order shall remain in effect for a period of one year. 8, The Hampden 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 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 ~ the appropriate district justice, ( P,S, n before 3). , \ ", -" .:, '1\ . ~: ,,-, <C, i,' c I.~ " " ;,: I, ,.:J ~'..' t:.i~ >, '.r It; 1; " .\(1 C :>' o r o Cf ''j ",... ~ ,'to '!J .0 ;' '1), .' 0, t;., " ..-_. '" ',it -' -1' ., C' " ,:, r' .C 'il ,(: c ,0 - '.,~ 4_ ' -' " ,~ " ,,' :ll ,. " ... '" "y :" ... ro. -- ., j- ~ (II ~1 " IJ) c' ,~ L u. ,. .' '1 i) :II r (jl ,\.} ,.,' o !fJ .' ,f'~ J) '1 ~r . .-' ~l ',j ;,.' .... .1: 1II C' ',... c.; ., L :l ;;. .' ~..~ C f.J (/l .. r- !Il ." " 'Q ~. r..: ,1- ~;,' :~ c ,..., ,. :!l ", .. - t- : , ; ~ " '" r'. ., r tU r: ::-~ ') :r. ,... :'j .u '.J 10. <l ~ or c\ ,0 ;j..' - !j,i G (f () '" j; " . " 'Y 'x ,,I'-""~ ct}::A,;;;,~-:>:':_'t .' 1 '" ,,' , '_1; ,. , " (i! :1: E :i ,.1 " 1: <\: 1: ,~ (J" o '" '.!' '~ 11 v ~, r ", i' .. T.' 11 .:::1 r o > ~ ...;! .", ":'->,: "~';, .' " 'lJ 'j C'J " .. , . , " .0;. ,- '~ c :r r " r '.il .., J ~ " iJi .,.. " ." (. r,; ... ::- .., ,.. ,~ ,- 'C ~ ''.' ;; ~, C; ,,, (, ,- '0 :u .. ).' '.:,j 'J> ~ '.' C " 'J ":1 E ." ~ .., ." '-' ;. " 'l' '" > c' " '. ,-; ') ") t: ';,1 \1 " r .;:J r' ".1 ", T, " '. " f;- ", '" :1 '.:.' ", ;~ .:' '.:,'" "',' .".<,..~-:.; .L.;>i"-':>:'_:~'~-'_'t:-,~~~;),#~'''; "', ~-!(*..",.',,' :."..,~, .,~' .,c;';..>,........;If,' "lI;"Q J,(:r~~Jo~'\~,4J'...,4!s .' ..", ,c')!" ,,' ,'_ ;:;,: ,,'i"'!f,!:I::".'-~}[~"---'" '-'-~ 2" :.-< ') 141 / / ' : ~J. . Or '.' ", .; .. fJ PI! 'd., "... c llff .f:ioI~, It-' tPf /J/fBr:4 t:')i;/"IC( p(,,~ ~4'IO ON01: ~I'lil/OVI/rlir '" ','r'!4 I' -t r '-' o ',' " ., :< ~ r 1., l' ;:'/ '. (. ~, '~ " '. ~J ~ - " . " , ~ J .. .' " '" 'J .;; t. .., r, ~ r. ) ,1, -, ~, ,^ -;, :0 ''-' ;^~ ,,;;; iH r '" ..... '" " '.1 ~. .., \'(r ifo ., -,:; T' .. ',:; ,- n [j 'u , 'J .. )J .f; 1,0- n. ':) ., ':' ~ .., ,. ':J -, r ~. ." Q .~: ::> " .., " o "r; , ,1 -. ..' '" ~ 1 . " ,~! J'I ,- ti Jj .1, " ., - J , ~ ~'j n __~ ____._.y-.-'.- ''''~-~l'iY'ltW~-W - . " , o " - .~ ..0', ,".;'.'-'-' '!' CONSENT AGREEMENT II~ day of May, Kara J. Brady, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : : NO. 94 - 2378 CIVIL TERM : Jeff J. Johnson, Defendant : PROTECTION FROM ABUSE : This Agreement is entered on this 1994, by the plaintiff, Kara J, Brady, and the defendant, Jeff J. Johnson, 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, Jeff J. Johnson, agrees to refrain from abusing the plaintiff, Kara J. Brady, or from placing her in fear of abuse, 2. The defendant agrees to refrain from having any contact with the plaintiff, including but not limited to, entering the plaintiff's place of employment, 3, The defendant agrees not to stalk or harass the plaintiff. 4. The defendant agrees to stay away from the residence located at 3813 Lamp Post Lane, Camp Hill, Pennsylvania. 5. The defendant agrees to stay away from any residence the plaintiff may establish for herself in the future, 6. The defendant agrees to refrain from damaging or destroying any property owned by the plaintiff or any property -~~.. jointly owned by the parties, 7. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 8. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one year, 9. The defendant understands that this Order will be enforceable in the same msnner as the Court's prior Temporary Protective Order entered in this case, WHEREFORE, the parties request that the Order of Court be entered to reflect the above terms, ~GL ' n Carey ~ Attorney for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 J ~/ I - J.!Johnson, Defendant I , ; ( ,1."'_" "i;:, ,\ :,:i.,,'.., " liAr II ~. ......; o 2 33 PH '9~ .' 'fICE . (;rit":7~~r .~;;- I' ~:; 't 1 Y ..U!I. .., :~ I: .. '. :> ';i I" ,. '; :, " :J '.. 'l~ c '. '. :,?i ,', .., " ". . '.. , " .' 'j , " r " (; r :, :' " 1 ;, Ii > .., .~ , I' . l " . \, - . . " ~o;...,,;., SHERIFF'S RETURN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND In the Court of Common Pleas of Cumberland County, Pennsylvnaia No. 94-2378 Civil Temporary Protective Order Notice Petition for Protective Order Kara J. Brady VS Jeff J. Johnson R, THOMAS KLINE. Sheriff, who being duly sworn according to law, says, that he made diligent search and inquiry for the within named defendant, to wit: Jeff J. Johnson but was unable to locate him in his bailiwick. He therefore deputized the sheriff of Dauphin County, Pennsylvania, to serve the within Temporary Protective Order, Notice Petition for Protective Order On May 15, 1994 , this office was in receipt of the attached return from Dauphin County, Pennsylvania. Sheriff's Costs: Docketing Out of County Surcharge 14.00 So answers: 14,00 // / //' ,. ....'/;4;.'".......Z./' ,/. /iT/ ,. THOMAS KLINE, Sheriff Sworn and subscribed to he fore me this 1c.G':r day of lie (~) 19 9Lf ,A. D. ~ . '-I' <. C. fh(ic(,~ prC>thbnotary UP"J ' , , COMMONWEALTH OF PENNA: COUNTY OF DAUPHIN: SHERIFF'S RETURN NO. 94-2378 PAGE 51 AND NOW: May 10, 19 94 ,at 7:45 PM, SERVED THE WITHIN TEMPORARY PROTECfIVE ORDER UPON Jeff J, Johnson BY PERSONALLY HANDING TO Jeff J, Johnson A TRUE ATTESTED COPY OF THE ORIGINAL IDlPORARY PROTECTIVE ORDER AND MAKING KNOWN TO Him THE CONTENTS THEREOF AT Dauphin County Court House, Front & Market Sts., Harrisburg, Dauphin County, Penna, SO ANSWERS , . ..V~?(...~ SHERIFF OF DAUPHIN COUNTY~ PENNA BY ~,,/ /1 L:W PUTY SHERIFF Sworn and subscribed to before me this "~OhvnJ C!-. lr\ day of May (f)~ PROTHONOTARY 19 94 SHERIFF'S COST $ s- IA .'.... t . C --I - .... ,t ... 1&1 T ne Court CT .::mano~, j ,=:::5 :;,. \..=..J:~. .:':::.;;t'1:::nC \....::L:~~.~I, ?snr:sy I 'I:: r:i ::::: Kara J, Brady 'is, Jeff J. Johnson ~c. 94-2376 Civil ----. :='--- ~OW, May 5, 1994 :9_ !t S~..::~ O~ C~G:;:?.!..A...'ID COt.~':"!, ?..~ co h=-~ cL::uci::: == So=S oi Oi'lllphin ~u:t'7 :0 ==-.:te -~:.. 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