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HomeMy WebLinkAbout94-02624 JANELLE R. BROUGHMAN, A minor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - :;'~J.q CIVIL TERM PROTECTION FROM ABUSE . . by Jane Neely, her guardian, . . : vs. . . KEITH A. WINDEMAKER, Defendant . . TEMPORARY PROTECTIVE ORDER AND NOW, this ~ day of May, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, JANELLE R. BROUGHMAN, now residing at an undisclosed location, is in immediate and present danger of abuse from the defendant, KEITH A. WINDEMAKER, the following Temporary Order is entered. The defendant, KEITH A. WINDEMAKER, now residing at 8 Cumberland Drive, Carlisle, Cumberland county, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, JANELLE R. BROUGHMAN, or placing her in fear of abuse and is ordered to stay away from any residence the plaintiff is located at now or may establish for herself in the future. 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 entering the plaintiff's place of employment and from harassing or stalking 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 .J1U- day of May, 1994, at6'~C") c,. .m. in Courtroom No. ]I: , 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 appropriate Police Departments in the areas where the plaintiff lives and works 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). J. JANELLE R. BROUGHMAN, A minor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - .J~;; II CIVIL TERM PROTECTION FROM ABUSE : : by Jane Neely, her guardian, : vs. : KEITH A. WINDEMAKER, 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 l70lJ TELEPHONE NUMBER: (717) 240-6200 JANELLE R. BROUGHMAN, A minor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - j it;! Y CIVIL TERM by Jane Neely, her guardian, vs. PROTECTION FROM ABUSE KEITH A. WINDEMAKER, Defendant PETITION FOR PROTECTIVE ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 P.S. SECTION 6101 A. ABUSE 1. The plaintiff is an emancipated minor whose permanent address is 8 Cumberland Drive, Carlisle, Cumberland County, Pennsylvania, l7013. 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 8 Cumberland Drive, Carlisle, Cumberland County, pennsylvania, 17013. 3. The defendant is the plaintiff's former intimate partner. 4. Since approximately 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 May 7, 1994, the defendant became angry and threatened the plaintiff saying, "I should go ahead and cut the baby out of your stomach and get it over with. The defendant came toward the plaintiff, grabbed her by the shoulders, and slammed her against the wall. The plaintiff is six months pregnant. b. On or about May 5, 19S4, the defendant picked up the plaintiff's shoes and threw them across the room at her, hitting her in the leg. The plaintiff left the bedroom and went into the living room to avoid the defendant. The defendant followed her, sat down beside her, tried to coax her back into the bedroom and when the plaintiff refused to go, bit the plaintiff in the face, causing pain and bruising. c. On or about April 23, 1994, while the plaintiff was driving, the defendant pulled the emergency brake and grabbed the steering wheel, causing the plaintiff to become frightened for her safety. When the plaintiff slammed on the brakes to avoid an accident, the defendant hit his head, became angry, and punched the plaintiff in the face, causing her nose to bleed profusely. The plaintiff got out of the car and ran into a restaurant for protection. d. In or around the end of January or beginning of February 1994, the defendant pointed a 20 gauge shotgun at the plaintiff and threatened to kill her. e. On or about January 23, 1994, when the plaintiff was three months pregnant, the defendant punched her in the face, causing her to fall to the ground. The defendant then sat on the plaintiff's stomach and shook her repeatedly, causing her head to hit the sidewalk. A passerby pulled the defendant off of the plaintiff. The plaintiff was taken to the hosptial a few days later because of blackouts and cramping resulting from this incident. f. The defendant physically abuses the plaintiff approximately twice a week, in ways including, but not limited to the following: pushing, grabbing, slapping, punching, and kicking the plaintiff in the stomach. The defendant also threatens while they are in the car together to run them into telephone polls. 5. On approximately May lO, 1994, the plaintiff left her residence at 8 Cumberland Drive, Carlisle, Cumberland county, Pennsylvania in order 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 restrained from entering her place of employment, having any contact with her, and from harassing or stalking the plaintiff. B. ATTORNEY FEES 8. 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 9. The defendant is employed at McDonald's and has an hourly salary of approximately $5.00. 10. The plaintiff currently has no income. 11. 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 .m. ~., 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 entering the plaintiff's place of employment, and from harassing or stalking the plaintiff. 3. Ordering the defendant to stay away from any residence the plaintiff has now or 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: l. 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 employment and from harassing or stalking the plaintiff. 3. Ordering the defendant to stay away from any residence the plaintiff has now or may in the future establish for herself. 4. 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 appropriate Police Departments in the areas that the plaintiff lives and works 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, ~y~ Attorney for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 The above-named Plaintiff, JANELLE R. BROUGHMAN, 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. oate:S'./lP - 0;1 n..~.JP" ,f &~RfVY--' ~~R. Broughm ,Plaintiff SHERIFF'S RETURN c:ct-M:lNWEAL'lll OF PENNSYLVANIA: CCllJm'Y OF C1.MBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-2624 Civil Term Temporary Protective Order Protection From Abuse Janelle R. Broughman, a minor by Jane Neely her guardian VS Keith A. Windermaker Timothy Reitz , at\lex:k~(lor Deputy Sheriff of CUnberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within Temoorarv Protective Order Protection From Abuse upon Kpi th A. Winrl..rmaker , the defendant, at o'clock 5:15 p.M. liK'R / EDST, on the day of , 1994 at 17 Mav ~'nn rarliRl.. pik... Mechanicsbura . Cumberland County, Pennsylvania, by handing to Keith A. Windermaker a true and attested copy of the Temporarv Protective Order Protection Frpm Abuse 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 6.16 20.16 So;::~~~ R. Thomas Kline, Sheriff by ;r;e~41%1 Depu ty Sherif f Sworn and subscribed to before Ire this .t 3...., 19 q'i 41" day of ~ A.D. a. hi.. PI, .. ~C:fIFi.' , It( Prothonotary '. ~ JANELLE R. BROUGHMAN, A minor : IN THE COURT OF COMMON PLEAS OF by JANE NEELY, her guardian, CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2624 CIVIL TERM VS. PROTECTION FROM ABUSE KEITH A. WINDEMAKER, Defendant AND NOW, this ORDER FOR CONTINUANCE "l..' day of May, 1994, upon consideration of the attached Motion for continuance, the hearing scheduled for May 27, 1994, ~, in Courtroom No. 2 of the Cumberland County courthouse, Carlisle, Pennsylvania has been generally continued. The Temporary Protective Order of May 17, 1994, remains in effect pending further order of Court. This order is entered without prejudice to either party to request a hearing if the agreement cannot be finalized. A copy of this Order for continua appropriate Police be sent to the aintiff. By Edgar B. Bayley,!J. .... ~ JANELLE R. BROUGHMAN, A minor IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA by JANE NEELY, her guardian, . . NO. 94-2624 CIVIL TERM VS. PROTECTION FROM ABUSE . . KEITH A. WINDEMAKER, Defendant MOTION FOR CONTINUANCE The plaintiff, by and through her attorney, Joan Carey of Legal Services, Inc. states the following: 1. On the 17th day of May, 1994, the plaintiff filed a Protection From Abuse action and the court entered a Temporary Protective Order and scheduled a hearing for the 26th day of May, 1994. 2. Legal Services has been in contact with the defendant who is not contesting the matter and wishes to execute a Consent Agreement making a hearing unnecessary at this time. 3. The plaintiff and defendant are in the process of finalizing the terms of the agreement and signing the agreement. Legal Services is requesting additional time to complete this process. 4. The plaintiff is not opposed to a continuance of the hearing if the Temporary Protective Order remains in effect pending further Order of Court after receipt of the signed Consent Agreement. . . JANELLE R. BROUGHMAN, A minor vs. IN T'-lE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - ~~ CIVIL TERM PROTECTION FROM ABUSE by Jans Neely, her guardian, KEITH A. WINDEMAKER, Defendant PROTECT! VE ORDER '"7_,1 ~"r-A- AND NOW, this _~~day of~, 1994, upon consideration of the Consent Agreemsnt of the parties, the following Order is sntered: 1. The defendant, KEITH A. WINDEMAKER, is enjoined from physically abusing the plaintiff, JANELLE R. BROUGHMAN, or from placing her in fear of abuse. 2. The defendant, JANELLE R. BROUGHMAN, is enjoined from having any contact with the plaintiff, including but not limited to, restraining the defendant from entering the plaintiff's place of employment, from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 3. The defendant, KEITH A. WINDEMAKER, is ordered to stay away from any residence the plaintiff has now or 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 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 JUN 3 1/ Sa ~H '9~ -liCE r.< -. .. Q~;T,\~y CU:ni .,,: <. Ci"..'i7 r ;.of. N:.:; r :. \ I ~ -. . . 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 defendant shall not nullify the provisions of the Court Order directing the defendant to refrain from abusing the plaintiff. 4. This Order shall remain in effect for a period of one year. 5. The appropriate Police Department in the areas where the plaintiff lives and works 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 taken without unnecessary delay before the Court that issued the Order. When that Court is unavailable, the defendant shall be taken (23 PS Section 6113). By . JUN 3 II 58 .;,y '9~ : , "('~ ,".') ." . '< '; ;,""'" , , ~ , " .~ ,,~ . . JANELLE R. BROUGHMAN, A minor IN THE COURT OF COMMON PLEAS OF vs. CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - ~~~~ CIVIL TERM PROTECTION FROM ABUSE by Jane Neely, her guardian, KEITH A. WINDEMAKER, Defendant ~ONSENT AGREEMENT This Agreement is entered on this ____ day of May, 1994, by the Plaintiff, JANELLE R. BROUGHMAN, and the defendant, KEITH A. WINDEMAKER. 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, KEITH A. WINDEMAKER, agrees to refrain from abusing the plaintiff, JANELLE R. BROUGHMAN, or from placing her in fear of abuse. 2. The defendant agrees not to have any contact with the plaintiff, including but not limited to, entering the plaintiff's place of employment. 3. The defendant agrees not to harass or stalk the plaintiff or harass the plaintiff's relatives. 4. The defendant agrees to stay away from any residence the Plaintiff has now or 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 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 ba entered to reflect the above terms. t;{~ t,Jj~lH~ Keith Windemaker, Defendant an Carey Attorney for Pl LEGAL SERVICES, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400