The URL can be used to link to this page

Home My WebLink About94-04281 " , II, " . I " . , ;11 I, " " ."1 'I 'I d 1"1 ',I " , !I " . . plaintiff, or from harassing the plaintiff or her relatlveH, Ordering the defendant t.o I'ellnqul.sh to t.ho Hherlff's department. t.he weapon" which he thruat.ened t.o UHe agnlnst t.h" 1.lnlnUff, 1'he Cumber land County Sherlff'H Ih!llartmont. will rlllnln tho woaponll In lhelr cu"t.ody pelldlng further order of court. This Order IIhnll re..ll n In off,,(:t unU I n final ordel' III entered In thl" cale. A heftl'lnll IIhall be held on thlll mat.t.er on t.he ._.,,-!S'_ day of AuguR t , 1994, at. -~~- el. ... In Courtroom No, $ Cumberland County _ .._~_.._t Courthouse, Carll"le, Pennllylvftnla, The 1)lalnUff lIay proceed In I.<1rJ1!\ UI!l!.1!Jl.clIl pending a further order after the hearing, The CUllberland County Sherlff'lI office shall attempt to lIake service at the plaint I ff' s reqnest" but s(,rv leo mllY l)l~ accolIllllshed under any appllcable , rule of Civil Procedure. The Pennsylvania Stato Bnd Carlisle Police nf'partllents will be provided with a copy of thlH Order hy attorneys for plaintiff, ThlH Order shall be enforced by any law enforcement agency wh.m a vlolaUon O(:curH by arrellt for Indirect cf'lmlnal contempt. The arrest II/1Y he without warrant upon probable cause that this Ordor has been v lolat.,,1 , whether or not the vlol/ltion Is co..mltted In the presence of the police officer, In the event that an arrest Is made under this section, the defendant shall he taken without unnecessary delay he fore the court that Issued the Order, Whon t.hat court Is unavailable, the defendant shall be arraigned before the appropriate district Justice. (23 Pa.C,S,A, Section 6113). By the Court, -1 ;"" / I 1../ I L i' V (.1.../ I . ~ C.IJ. 'r.-1...1 , . KI.berl, B. POl, I I N THB COURT 011 OONIlON PI.IAS OF PI.lntl ff I I CUMBlRLAND COUNTY, PINNSYLVANIA I I 01 VII. ACTION - LAW I v. t NO. 94 - I. It}. ;j , CI V II. TIlRII I Jule R. Fish, I PROTECTION JIROII ADUSI Defendant I JIm'lml You have been sued In court, If you wish to defend against the cialss set forth In the following pages, you lIust take acllon proaptly after this Petition, Order and Notice arl' served, by appearing personally or by attorney at the hearing schedu led by th.. Court and Ilresenting to the Court your defenses or objections to the dalm" set forth again"t you. You are warned that If you fall to do so the Court IIIlY proeeed without you, and a judgaent may be entered ag"ln!!t you by the Court without further nollce for any .oney clalaed In the Petition or for any oth..r cIalm or relief requested by the plalntl ff, You may lose 1I0nllY or property or other rights laportant to you, YOU SHOULD TAKE TIllS PAPIlR TO YOllR I.AIIYER AT ONCE. IF YOU 00 NOT HAVIl A LAIIYER OR CANNCYI' APPORD ONE, 00 TO OR TEI.EPHONE TilE OFFICE SET PORTII BELOW TO PIND OUT WHERE YOU CAN GET I.EGAI. IIEI,P. COURT ADMINISTRATOR, 4TH FI.OOR CUMBERLAND COUNTY COURTHOUSE CARLISI,Il, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 defendlln~ forcefully Ilrnbhod the plnlntiff'lI Rrll Rnd t.hreRtened t.o slallh her car tires so thRt. she would hRvl! to wlllk hOle cllulllng t.hll plRlntlff to fear for her BlIfety, II, On or Rbout MRr'lh 12, 1994, while the ,lllfllndRnt wlla visiting with the llllllntlff Rt hllr colll'llll dorl rOOIl, ho bllcal" Rngry and CRUllOd the plRlntlff t.o f"llr, Whon tho plaintiff loft. hur room t.o got RWRY frol hll, he Ilrabbod her and pulled her hll<lk Into t.ho 1'0011 three dl fferent tllell, On the plalntlff'a laBt IIllemllt. t.'l run 0111 of t.he rooll t.o get IIway froll the defeJlllllnt., hll gr/lbbtlll her hy t.he hili r, pulled her hack down the hall Into her rOOIl, plded her up, forcefully pul her on the b,'d, dOlled the door, IInd lIftod hilS hllUd t.o hit h'>I' which frightened her Into allence t.o avoid further Rbuse. 5. The plniut.lff hllllevllll /lnd t.herllfore ItV'lrB th/lt she will be in I..edlatn IInd Ilrollllnt. d/lnger of Ilbulle from t.hll dllfnnd/lnt. and that she Is in need of prot.elltlon froll lIuch /lbuse, 6. The plaintiff delllres t.hat. the defendant be ordered t.o refrain froll havlnllllny contlllJt. wlt.h her Including, but. not. limited t.o, enterlnll her Bchool, froll st.alklng t.ho plalnt.iff, IInd from hllr/lllsinll t.he plllint.iff, or her re lRtI vea, 7, The defendant. haB t.hrellt.enerl to ahoot. t.he plaintiff wit.h II. recently purchaBed Ilun, BL_-E!~IVE POSSESSION. R, The hOlle which t.he plRint.iff is Raking t.he Court t.o order the defendRnt. to atay RW/lY from Is owned In tho names of Cindy and John Fox, her parent.a, and the defendant h/ls never roslded there, 9, The defendant is living with hia grandmother whose residence located at 55R Mountain Road, Boiling Springs, Pennsylvania. !l._ A'M'OBlIILlIM 10. The plaintltf asks that the detendant be ordered to pay rea.onabie attorney teea pursuant to the Protection froa Abuse Act. 1>J.__B'J'A'l'llB.'I'lL l'ftOClllID. _II! POIUI.U'AV1'JIWI 11. The defendant III eaployed at All SeasonK Detail Speciallats and his salary la unknown to the plaint! tf. 12, The plaintiff goell to college and works two part-tile jobs earning approxlaately $600.00 gross per 1I0nth, 13, l'he plaintiff does not have funds available to pay the teea for tiling and service. WHEREFORE, pursuant to t.he provisions of t.he "Protection frOB Abuse Act" of October 7, 1976, 23 Pa,e.S,A, Section 6101 !l.t !illiI., as aaended, the plaintiff prays this llonorable Court to grant t.he following relief: A, Grant a Tellporary Order pursuant to the "Protection froa AbuRe Act": 1. Requiring the defendant to rtlfraln from abusing the plaintiff or placing her In fear of abuse. 2, Requiring the defendant to refrain frOB having any contact with the pialntlff Including, but not IIllted to, restraining the defendant frolll entering t.be plaintiff' B 1I0hool, froll stalking the plaintiff, and froll barasslng tbe plalntlff, or her relatives, 3, Ordering tbe defendant to stay away frOB the residence located at 60 S. Pin Oak Drive, Bollin!! Springs, Pennsylvania, which the parlieR have never shared, 4, Ordering the defendant. to stay away from any resldenoo t.he plaintiff uy In t.he future establish for herself, 6, Ordering t.he defendant t.o rellnqulllh to the sheriff'sndepartllent the weapons which he threatened to ulle against the pllllntlff, The Cu.herlllnd County Sheriff's Deparbunt will retain the wellpons In t.helr custody pending further order of court., D. Schedule a hearing In IIcGordanctt wlt.h the provisions or the "Protection fro. Ahullo Ad," and, lifter such hellrlng, Imler IIn order to be In ettect tor 110 pttrlod of ono YUill': 1. Requiring t.ho defellllllnt to refrain fro& abusing the pllllntlff or placing her In fear of IIbuBIl, 2, Requiring the defellllllnt to refrllln fro. having any contact with t.he plaintiff lndudlng, hut. not 11.lted to, restralnln. thl! defendllnt froll ent.erlng t.he plaint.! ff'B Bchool, fro. Btalklng the plaintiff, and fro. hllrllllBlng t.he pllllnl.\ff, or her rellltlvolI, 3, Ordering t.lll! dofendllnt. to stay IIway froll the reBidence located at 60 S, Pin Oak Drive, Boiling Sllrlngll, Pennsylvania, which the parties have nevor IIhared, 4, Ordering thl! dl!fendant to IItllY IIway from any residence the plaintiff !lay In the future l!lItabllBh for herself, 5, Ordering the defendant. to r.e11nqul.sh to the sheriff's depart.ent the wellpon which he threlltened to use against the plalntift The Cumberland County Sherlff'lI Depart.llent will retain the weapons in their custody pending further order of court. 6, Ordering the defendant to pay reasonable attorney fees, The plaintiff further asks that this Petition be filed and aerved without pay.ent of costs, pending a further order at the hearlng, and that a copy of this Petition and Order be dl!llvered to the Pennsylvania State and Carlisle Police Ilepartllents liB the Police Depllrtments with Jurisdiction to , ' \5 " ~ () a i.r). 'Y) ~ , , , , " , , , , Kimberly B. Fox, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v.. NO. 94 - 4281 CIVIL TERM PROTECTION FROM ABUSE Jamie R. Fish, Defendant AND NOW, this eBQl.E~UYf. ..QI1QER 1....:t~. day of August, 1994 upon consi dsrat ion of the Consent Agreement of the parties, the following Order i. entered: 1, The defendant, Jamie R. Fish, is enjoined from physically abusing the plaintiff, Kimberly B. Fox, or from placing her in fear of abuse. 2. The defendant, Jamie R. Fish, is hereby excluded from the premises located at 60 S. Pin Oak Drive, Boiling Springs, Pennsylvania. The defendant is hereby notified that if he resides in the p1aintiffls 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 aha11 not nullify the provisions of the court order directing the defendant to refrain from abusing the plaintiff. 3, The defendant, Jamie R. Fish, 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, Kimberly B. Fox, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA va. Jamie R. Fieh, Defendant NO. 94 - 4281 CIVIL TERM PROTECTION FROM ABUSE This Agreement is ~Qt.l!lE.NL AilltEfMfJiI ~ entered on th is _.:;1:_.__ day of August, 1994, by the plaintiff, Kimberly B. Fox, and the defendant, Jamie R. Fish. The plaintiff is represented by Jane Muller-Peterson 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, Jamie R. Fish, agrees to refrain from abusing the plaintiff, Kimberly B. Fox, 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 or school. 3. The defendant agrees not to stalk the plaintiff or harass the plaintiff or her relatives. 4. The defendant agrees to stay away from the residence located at 60 S. Pin Oak Drive, Boiling Springs, Pennsylvania. 5. The defendant agrees to stay away from any residence the plaintiff may establish for herself in the future. 6. The defondant, although entering into this Agreement, does not admit the allegations made in the Petition. 7. The defendant understands that the Protective Order