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HomeMy WebLinkAbout94-04212 , " , . v. IN THE COURT OF COMMON PLEAS OF CUMBERLANO COUNTY, PENNSYLVANIA I I NO. 94 - ~/~_ CIVIL TERM PROTECTION FROM ABUSE JOANNE MAE ALEXANDER, Plaintiff DONALD J. ALEXANDER, Defendant AND NOW, this TEMPORARY PROTECTIVE ORDER ~~day of July, 1994, upon presentation and oonsideration of the within Petition, and upon finding that lhe plaintiff. JOANNE M. ALEXANDER, now residing at 70i Walnut Bottom Road, Shippensburg. Cumberland county, Pennsylvania, is in immediate and present danger of abuse from the defendant. DONALD J. ALEXANDER, the following Temporary Order is entered. The defendant, DONALD J. ALEXANDER, now residing at 701 Walnut Bottom Road. Shippensburg, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff. JOANNE M. ALEXANDER, or placing her in fear of abuse. The defendant is enjoined from harassing or stalkino the plaintiff. The defendant is enjoined from entering the plaintlff's bedroom, B bedroom separate from that of the defendant and looated within the marital residence located at 701 Walnut Bottom Road. Shippensburg. Pennsylvania. 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 ,j,Arl day of f2'j:.-lll),,;- ,1994, at !"I./S- <l.m. In Courtroom No. .S-, Cumberland County Courthouse, Carlisle, PennsylvanIa, The plaintiff rnayproceed in forma pauperl8 pending a further order after the hearing. The Cumberland County SherIff's office shall attempt to make service at the plaintiff's request, but ~ervlce may be accomplished under any applicable rule of CIvil Procedure. The Pennsylvania State 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 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. g6113). By the Court. ..~ ,", "1 i I' ,,uv,,k:cru1;'J. have had separate bedrooma for approximately ten Y$ars), raised an aluminum foil box menacingly, as if to cut the plaintiff with the box's "razor" edge. and camd toward the plaintiff. forcing her into the bedroom up against her bed. The defendant blocked the doorway of the plaintiff's bedroom with his body. preventing her from leaving. The defendant raised his clenched fist within inches of the plaintiff and throatened. "I'm going to break your glasses in your eyes and blind you," causing the plaintiff to fear for her safety. When the plaintiff was able to get away. she ran to call the police, but the defendant unplugged the phone. The plaintiff was able to plug the phone back into the wall and contact the police who got enough information to respond before the defendant unplugged the phone again. b. On a regular basis, during the past year. the defendant made punching gestures at the plaintiff, when she walked by him. causing her to fear for her safety. c. On or about July 1993, the defendant became angry with the plaintiff and as the plaintiff was running away from the defendant, the defendant threw a brick at the plaintiff. causing her to have to move to avoid being hit. d. In addition to the above incidents of abuse, the defendant has in the past twisted the plaintiff's arm. causing her to seek medical treatment. 5. The plaintiff believes and therefore avers that she will be in immediate and present danger of abuse from the d~fendent and that she Is In need of proteotlon from suoh abuse. a. ,STATUS TO PROCEED IN FORMAPAUfERIS 6, The defendant is employed at Giant Distributors. but the plaintiff Is unaware of his salary. 7, The plaintiff currently has no Income. B. The plaintiff does not have funds available to pay the fees for filing and service. C. ATTORNEY FEES 9. The Plaintiff asks for attorney fees, payable to Legal Services, Inc, and court costs and/or filing fees pursuant to the Protection from Abuse Act. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. 116101 (l,t seQ., 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. DONALD J. ALEXANDER. to refrain from physically abusing the plaintiff, JOANNE M. ALEXANDER, or placing her in fear of abuse, 2. ReqUiring the defendant to refrain from harassing or stalking the plaintiff. 3. Requiring the defendant to refrain from entering the plaintiff's bedroom, a bedroom separate from that of the defendant and located within the marital residence located at 701 Walnut Bottom Road, Shippensburg, Pennsylvania. 4. Requiring the defendant to refrain from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. B. Schedule a hearing In accordance with the provisions of the "Protection from Abuse Aot." and, after such hearing, enter an order to be in effect for a period of one year: 1. Requiring the defendant, DONALD J. ALEXANDER, to refrain from physically abusing the plaintiff, JOANNE M. ALEXANDER, or placing her In fear of abuse. 2. Requiring the defendant to refrain from harassing or stalking the plaintiff. 3. Requiring the defendant to refrain from entering the plaintiff's bedroom, a bedroom separate from that of the defendant and located within the marital residence located at 701 Walnut Bottom Road, Shippensburg, Pennsylvania. 4. Requiring the defendant to refrain from removing. damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. 5. Ordering the defendant to pay attorney fees to Legal Services. Inc. and all costs of filing and service of this lawsuit. 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 Pennsylvania State Police Department as the Police Department with jurisdiction to enforce this Order. I: , I.,',"'" , . . ,I, , 'i..i".:"--i~"... 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I . ,'.' OJ ., ",' . ' , , ',''1:, '" I, :... ;J' , " \,.1 '1,' , ' II' .J'.... , I .....' ., I, I' ,~ . ..' ~ 'I r,;.' .'t.-; '.-i, 't I, ~ , , , " . ,,' . ,I :., p-~, ""; ... .. VB. IN THE COURT OP COMMON PLEAS OP CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - l.AW NO. 94 - 4212 CIVIL TERM PROTECTION FROM ABUSE JOANNE MAE ALEXANDER. Plaint Iff DONALD J. ALEXANDER. Defendant ORDER POR CONTINUANCE AND NOW. this :Sf ~ day of August, 1994. upon consideration of the plaintiff's Motion for Continuance. the hearing scheduled for August 3. 1994. at B:4S a.m. in Courtroom No. S. Is generally continued to afford the parties time to execute a Consent Agreement. This Order is entered without prejudice to either party to request a hearing. The Temporary Protective Order will remain in effect for a period of one year or until a final order Is entered In this case. A copy of this Order for Continuance will be provided to the Pennsylvania State Police Department by the attorneys for the plaint Iff. By the Court. ','. :','," ,1' l/'"l! UI." ,JI"<.' " " A\j",I. ::,(,or)';' ".j ',~IJ ! ~61 Hpo 6 I' 3n~ rJ ,~LL(J(.. QgL J. wes't;'(~ler. Jr.. J. \ - - .