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Home My WebLink About94-04460 " " il 1"1 ,,' I \ Ii I I iI II I I " " I/) ,I 'I t I, I/) -;P ~ \!) I ~ I I " I i " I I ~ , I I I o ~ :t- ::r- " I I, " II, " defendant to refrain from abusing the plaintiff. The defendant is ordered to refrain from having any oontaot 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. This Order shall remain in effect until a final order is entered in the III r;; ,I No. this case. A hearing shall be held on this matter on day of August, 1994, at " i,,' ~.m. in Courtroom , Cumberland County Courthouse, Carlisle, Pennsylvania. 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 Fairview Township and New Cumberland police Dep~rtmentB will be provided with R 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). By the/Court, /\ i JI ::[ , ' ' - /1 J. Vs. I IN THE COUll'r OF COMMON PLEAS OF I I CUMBEllLAND COUNTY, PENNSYLVANIA I I NO. 94 - .lI'f{'O CIVIL TEllM I I PllOTECTION FllOM ABUSE I I I ADELE M. SIMS, pldntiff HAllOLD T, SIMS, Defendant NOTICE You have been ~ued in court. If you wish to defend against the olaims set forth in the following pages, you must take aotion 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 olaims 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 r"AWYER OR CANNOT AFFORD ONE, GO TO OR TELEPIIONE 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 ADELE M. SIMS, Plaintiff vs. I IN THE COURT OF COMMON PLEAS or I I CUMBERLAND COUNTY, PENNSVLVANIA I I NO. 94 - CIVIL TERM I I PROTECTION FROM ABUSE : I I HAROLD T, SIMS, Defendant PETITION FOR PROTECTIVE ORD~ RELIEF UNDER THE PROTECTION F~QM ABUSE ACT 23 P.S. SECTION 6101 A..- ABUSE 1. The plaintiff is an adult individual whose permanent address is 1007 Bridge street, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The defendant is an adult individual residing at 18 Ross Avenue, New cumberland, Cumberland county, Pennsylvania, 17070. 3. The defendant is the plaintiff's husband. 4. Since approximately 1992, 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 July 24, 1994, while the defendant was picking up the children, the defendant became angry, entered the plaintiff's yard although she had written a letter to him informing him he would be considered a defiant trespasser if he did so, grabbed the plaintiff'S arm, and threatened her saying, "I'm going to kill you." b. In or around April 1994, the defendant pu.hed the plaintiff toward an open car door, and then .lammed the door at her, hitting her repeatedly, causing the plaintiff to fall to the ground. c. In or around April 1993, the defendant shoved the plaintiff against the car and choked her, causing the plaintiff to suffer soreness about her body. d, While the parties resided together, the defendant abused the plaintiff on approximately a monthly basis, in ways inclUding, but not limited to, the following! shoved the plaintiff against cars and walls and choked her which caused bruises. 5. 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. 6. The plaintiff desires that the defendant be restrained from entering her place of employment, having any contact with her, harassing or stalking her, and harassing her relatives. B. EXCLUSIVE POSSESSION 7. The home from which the plaintiff is asking the Court to exclude the defendant is owned in the name of ADELE M. SIMS. C. LOSSES & ATTORNEY-IF~ 8. The plaintiff asks for reimbursement of filing and service fees and that attorney fees to be paid to Legal services, Inc" pursuant to the Protection from Abuse Act. WHEREFORE, pursuant to the provisions of the "proteotion from Abuse Aot" of Ootober 7,1976,23 P.S. Seotion 61018 lIS., a. amended, the plaintiff prays this Honorable court to grant the following reliefl A. Grant a Temporary order pursuant to the "proteotion from Abuse Aotl" 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 oontact with the plaintiff, including, but not limited to, entering the plaintiff's place of employment, harassing or stalking the plaintiff, and h~rassing the plaintiff's relatives. 3. Ordering the defendant to stay away from the residence located at 1001 Bridge street, New Cumberland, Pennsylvania. 4. ordering the defendant to stay away from any residence the plaintiff may in the f.uture 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 yearl 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'. plaoe of employment, harassing or stalking the plaintiff, and harassing the plaintiff's relatives. 3. Ordering the defendant to stay away from the residenoe located at 1007 Bridge street, New cumberland, Pennsy 1 vania. 4. ordering the defendant to stay away from any residence the plaintiff may in the future establish for herse If . 5. Ordering the defendant to reimburse the plaintiff for filing and service fees, and 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, and that a copy of this Petition and Order be delivered to the Fairview Township and New Cumberland Police Departments as the Police Departments with juriadiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, .~-=:J . :It. i(l'h.u~Q..!. iJ,bA-t.~_ Jan _ u er-Peterson Joan Carey Attorneys for plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 t1 '\ ~ QO ~ Qr;) ~ ,,1 r--c .'.... ~ .=t " ,'_0 ~ " l~ <29 i:' , .,' ~ , ,'_ .1 ~ 8 e ~ ':.;- l ') ~ V) l.0 "* ~ ro'} " ~ ~ ~ ~:1 .-,1. : t