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Home My WebLink About94-03594 " ,,' I" 1 , , " , . , q I " , I I I " '~ 'I, " 1.,1 " , I " , : ' " " ,! Ii' " ( ~ j '. , , iq , \ ,I <" ,I' 'I , , , . '-.1 1.'11 DINISE RAUSCH, plaintiff IN THE COURT OF COMMON PLEAS OF v, I I I I I I I I I I CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - CIVIL TERM PROTECTION FROM ABUSE JOHN RAUSCH II I, 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 i.mportant 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 DENISE RAUSCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 94 - CIVIL TERM v, PROTECTION FROM ABUSE JOHN RAUSCH III, Defendant PETITION FOR PROTECTIVE ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 P,S, SECTION 6101 A, ABUSE 1. The plaintiff is an adult individual whose permanent address is 2010 Good Hope Road, Enola, Cumberland County, Pennsylvania, 17025, 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 2010 Good Hope Road, Enola, Cumberland county, Pennsylvania, 17025. 4, The defendant is the plaintiff'S husband. 5. Since approximately May 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 June 11, 1994, the defendant followed the plaintiff to a friend's house at 4:00 a,m. The defendant grabbed the plaintiff by the wrist, threw her to the ground and wrestled with her, causing pain to her wrist and lower back, and brushburn to her knees, b. On or about May 21, 1994, the defendant became angry, and while talking to the plaintiff punched the plaintiff's oar door, leaving a dent and causing the plaintiff to fear for her safety, 0, On or about May 19, 1994, the defendant picked the plaintiff up by her arms, threw her onto the bed, pinned her down by holding her wrists, and straddled her. While the defendant was on top of the plaintiff, the defendant shouted in the plaintiff's face causing the plaintiff to fear for her safety, Several minutes later, the plaintiff saw the defendant walk past the doorway with several rifles, causing the plaintiff to fear for her life. When the plaintiff attempted to leave the residence, the defendant blocked her exit with his car. 6, On or about May 19, 1994, the plaintiff left her residence at 2010 Good Hope Road, Enola, Cumberland County, Pennsylvania in order to avoid further abuse, but the defendant follows the plaintiff and accosts her. 7. 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, 8. The plaintiff desires that the defendant be restrained from entering her place of employment, from having any contact with her, harassing or stalking her, and from harassing the plaintiff's relative.. B, EXCLUSIVE POSSESSION 9, I cannot reveal the name of the owner or renter of the home beca~se the name will disclose my whereabouts, which must be kept confidential for my protection; and I am not seeking the eviction of the defendant from his residence, C, LOSSES 10. The plaintiff asks for attorney fees to be paid to Legal Services, Inc., pursuant to the Protection from Abuse Act. WHEREFORE, pursuant to the provisions of the "Protection from Abu.e Act" of October 7, 1976, 23 P,S, 56101 ~ usa., as amended, the plaintiff prays this Honorable Court to grant the following relief I 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, entering the plaintiff's place of employment, harassing or stalking the plaintiff, and harassing the plaintiff's relatives. 3. ordering the defendant to stay away from any residence the plaintiff has now or may establish for herself in the future, B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hear ing, 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 from having any contact with the plaintiff, including, but not limited to, entering the plaintiff's place of employment, harassing or stalking the plaintiff, and harassing the plaintiff's relatives, 3, Ordering the defendant to stay away from any residence the plaintiff has now or may establish for herself in the future, 4. Ordering the defendant to pay attorney fees to Legal Services, Inc" pursuant to the Protection from Abuse Act, The plaintiff further asks that a copy of this Petition and Order be delivered to the appropriate police departments in the areas where 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, .~ .~ ,'~h;1 ( Philip ,Brigan Joan Carey Attorneys for Plaintiff LEGAL SERVICES, INC. a Irvine Row CarliSle, PA 17013 (717) 243-9400 " DENISE RAUSCH, IN THE COURT OF COMMON PLEAS OF Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-3594 CIVIL TERM JOHN RAUSCH, III, Defendant PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff, by and through her attorney, Joan Carey of Legal Services, Inc. states the following: 1. A Temporary Protective Order was issued by this Court on the 1st day of July, 1994, scheduling a hearing for the 8th day of July, 1994. 2. The Cumberland County Sheriff's Department h~s attempted to serve the defendant, but has been unable to effect service. 3. The plaintiff requests that a continuance be entered and that the Temporary Protective Order remain in effect pending further order of court, 4. A copy of the Order for Continuance will be delivered to the appropriate police departments by attorneys for the plaintiff. WHEREFORE, the plaintiff requests that an Order for Continuance be entered and that pending further Order of Court the Temporary Protective Order remain in effect, Respectfully submitted, j~r~~ ~ j~~ Itr; At'torney fJ; Plaintiff LEGAL SERVICES, INC, 8 Irvine Row Carlisle PA 17013 (717) 243-9400 DENISE RAUSCH. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 94-3594 CIVIL TERM v, JOHN RAUSCH, III, Defendant PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff, by and through her attorney, Joan Carey of Legal Services, Inc, states the following: 1, A Temporary Protective Order was issued by this Court on the 1st day of July, 1994, scheduling B hearing for the 8th day of July, 1994, 2, Because the defendunt had not been served, the Court issued an Order for Continuance rescheduling the hearing for July 18, 1994 at 9:00 a,m. 3, The Cumberland County Sheriff's Departwent has attempted to serve the defendant, but has been unable to effect service, 4, The plaintiff requests that a general continuance be entered and that the Temporary Protective Order remain in effect pending further order of court, 5, The plaintiff understands that the Order for Continuance is entered without prejudice to either party to request a hearing, 6, A copy of the Order for Continuance will be delivered to the appropriate police departments by attorneys for the plaintiff, . - WHEREFORE, the plaint i ff requests that an Order for Continuance be ent~red and that pendins further Order of Court the Temporary Protective Order remain in effect, Respectfully submitted, osn Carey Attorney for PI LEGAL SERVICES. 8 Irvine Row Carlisle PA 17013 (717) 243-9400