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HomeMy WebLinkAbout94-04597 r , i " f J Ii 'I' I . 7 I ,.... - Ci) J j ~ 'i 1 'II .,,"-.... ) II"" I I , , , I' , :} I" ~! I ,1 1', '~ ~ J I I ,! c:- cr \.() -::r , " month~ In jail and nny other appruprlnte punl~hment, ~o9umptlon of co-renlduncu on thu part uf tho plnlntlff nnd dofendant Bhall not nUllify thu pruvlnl<lnn uf the court order dlrectlnll the defondant to refrain from abunlnK the plaintiff, 4. Until Ileptcmber 2J, 1'1'14, the plaintiff will 6I'ranllc for an apartment where the defendant may ntay provided that he coopuraten and attendn counRellng BennlonR. ~, Thin order RIIlIII remnin In effect for a period of onB year. 6. The Hnmpden Townnhip Police Department will be provided with a copy of this Order by attorneys for plaintiff and may enforce thin Order by arreRt for Indirect criminal contempt without warrant upon probablu caune that thin order han been violated, whether ur not the violation is committed In the presence of the pollee officer, In the event thnt nn arrent Is made under th IB Beet ion, the defendant Rhn II tnlten without unneceBRary delay before the Court thnt iBBued the Order. When that Court iR unllvallnble, the defendant Rhall be taken before the appropriate diBtrlct Juntice (23 PS Section 611J). By the Cour t J. \I\i, " . I II ,11', " <If' 'I. \.) nqlVln.Q SUSAN D. CONNELLY PI,'nU"/Petlllon., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 84-4587 PROTECTION FROM ABUSE v. MARK P. CONNELLY D.r.ndlnt/R..pondlnt NAy 18 f995 ')'I\-.1 ..I.EMeO.8AflY. PROTECTION ORDER ~,j AND NOW, this ~_ day of May, 1995, upon presentation and cO'1slderatlon of the within Petition, and upon finding that the plaintiff, Susan D, Connelly, rellldlng at 155 Salem Church Road, Lot 66, Mechanlcsburg, Cumberland County, Pennsylvania, Is In Immediate and present danger of abuse from the defendent, Mark p, CO",1elly, the following Temporary Order 15 entered, Law enforcement agencies, human service agencies and school districts shall not disclose the presence of the plaintiff In the Jurisdiction or district or furnish any eddress, telephone number, or any other demographic Information about the plaintiff except by further Order of Court. The defendant, Mark p, Connelly, (Date of Birth: May 15, 1953) now residing at 155 Salem Church Road, Lot 66, Mechanlcsburg, Cumberland County, Pennsylvania, Is hereby enjoined from physically abusing the plaintiff, Susan D, Connelly, or placing her In fear of abuse, The defendant Is ordered to stay away from the plaintiffs residence located at 155 Salem Church Road, Lot 66, Mechanlcsburg, Cumberland County, Pennsylvania, a residence which Is jointly owned by the parties, The defendant Is ordered to refrain from having any direct or Indirect contact " '. with the plaintiff Including, but not limited to, telephone and written communications, The defendant Is enjolnfid from harassing and stalking the plaintiff and from harassing the plaintiffs relatives, The defendant Is enjoined from entering the plaintiffs place of employmenl/buslness or school, The defendant Is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff, A vlolltlon of thll Order mlY lublect the defendlnt to: I) Irre.t under 23 PI. C.8. 66113j II) a private criminal complaint under 23 Pa. C,8.86113.1; III) I chlrge of Indirect crlmlnll contempt under 23 PI. C.8. 66114, punllhlble by Imprllonment up to six monthllnd I fine of $100.00.$1,000.ooj Ind Iv) civil contempt under 23 Pa. C.S. 86114.1. Relumptlon of co-relldence on the plrt of the plalntl" and defendlnt Ihall not nullify the provlllonl of the court order. this Order shall remain In effect until modified or terminated by the Court after notloe or hearing and, can be extended beyond that time, If the Court finds that the defendant has committed another act of abuse or has engaged In a pattern or practice that Indicates continued risk of harm to the plaintiff, this Order shall remain In effect until modified or termlnatF.ld by the court after 11~ J~I t/--';1 . notice or hearing, A hearing shall be hsld on this matter on the ,:'~ day of , 1905, at (~I~Afr - ~:m" In Courtroom No,-.:, Cumberland County Courthouse, Carlisle, Pennsylvania, The plaintiff may proceed without pre-payment of fees pending a further order " . . aller the hearing, The Cumberlend County Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may be accomplIshed under any applicable rul19 of CIIIII Procedure, this Order shall be docketed In the office of the Prothonotary and forwarded to the Sheriff for service, The Prothonotary shall not send a copy of this Order to the defondant by mall, The Pennsylvania Glate Pollee and the appropriate local Police Departmenl/s will be provided with a certified copy/certified copies of this Order by th$ plaintiff's attorney, This Order shall be enforced by any law enforcement agency where a vlolatlol1 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 unnecossery delay before the court that Issued the order, When that court Is unavailable, the defendant shall be taken before the appropriate district justice, (23 P,S, 66113), By the Court, , Judge . / / ,'/ :', \'; ; IA.. , v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. 84.4587 PROTECTION FROM ABUSE SUSAN D. CONNELLY PI.lntlrr/Pelltlone, MARK P. CONNELLY Derendant/R..ponde"t eJTlTION FOR PROTEc;TION ORDER ~p CUST.QD.Y RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 P,S. 8 6101 et eeq. {3. ABU,U 1, The plBlntlff, SuaBn 0, Connelly, Is Bn adulllndlvlduBI residing at 155 Saltem Church Road, Lot 66, Mechanlcsburg, Cumberland County, Pennsylvania, 2, The defendant, Mark p, Connelly, Is an adult with an unknown residence but had been residing at 155 SBlem Church ROBd, Lot 66, MechBnlcsburg, Cumberland County, PennsylvanlB, 3, The defendant Is the husbBnd with the plBlntlff although a divorce petition hBs been flied In CumberlBnd County, 4, Since approximately April 1 , 1995, the defendant has attempted to cause and has Intentionally, knowingly, or recklessly cBused bodily Injury/serious bodily hBrm. to the plaintiff or has placed the plaintiff In reasonable fear of Imminent serious bodily Injury, this has Included, but Is not limited to, the follOWing specific Instances of abuse: I cau.ed the petitioner to fear that he might attempt to permit an air bubble to contaminate the syringe which would oause slgnlfloant physloallnjurles possibly Irlcludlng death: and f, On April 11 , 1995, the Hampton Township Police were lSummoned to the marital residence to respond to the pelllloner's fearls of abuse and the respondent was asked to leave the home, g, On or about May 1, 1995 the parties came to a verbal agreement that oertaln property would be divided In an altemptto resolve future equitable dlstrlbullon, As a part of that verbal agreement, the defendant agreed to refrain from contacllng the plslnllff and four of the plaintiffs olosest friends, In exchange, the plaintiff would drop the Protecllon From Abuse petition which was tiled on April 19, 1995, Although the defendant had not signed the agreement, defendants Gounsel stated that he would sign for the defendant and consummated the agreement. Once the verbal agreement was reduced to written form and presented, the defendant refused to sign the agreement unless addlllonalterms were added, The additional terms were unacceptable to the plalnllff and she denied a modification, Since the alleged .agreement," defendant has contacted persons he agreed not to contact. Defendant was also recenlly observed sitting In his truck near the entrance to the plaintiffs, I, As a result of the above stated, the plaintiff Is In great fear of the defendant snd Is generally unwilling to leave her house, 15, The plaintiff believes and therefore allers that she Is In ImmedIate and present danger of abusB from the defendant shOUld she remain In the home without the defendanfs exclusion and that she Is In need of protection from such abuse, 6, The plaintiff desires that the defendant be prohibited from having any direct or Indirect contact with the plaintiff Including, but not limited to, telephone and written communications, 7, The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiffs relatllles, 6, The plaintiff desires that the defendant be restrained from entering her place of employment/business or school. 9, The plaintiff desires that the defendant be enjoined from remolllng, dameglng, destroying or selling any property owned Jointly by the parties or owned solely by the plaintiff, B. EXCfLUSIVE POSSESSIQN 10. The mobile home from which the plelntlffls asking the Court to exclude the defendant Is owned In the names of Susan 0, Connelly and Mark p, Connelly, 11, The plaintiff desires possession of the mobile home so as to gllle the greatest degree of continuity to the life and to allow her to continue her education at her school and to continue her social activities, Of j.OBIIES/ATTORNEV FEEl 12, The plaintiff allkll that the defendant be ordered to pay reasonable attorney fees to Peter RUSIIO, Esqulro, 1 G, An award under this chapter sholl not constitute a bar to litigation for olvll damages for InJurlos sustained from the acts of abuse giving rise to the aWard or a finding of oontempt undor this chapter. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7,1976,23 P,S, ~ 6101 gj H.Q" as emended, the plalnllff prays this Honorable Court to grant the follOWing relief: A, Grant a Temporary Order pUlsuantto the "Protecllon from Abuse Act:" 1, Ordering the defendant to refrain from abusing the plaintiff and/or placing her In fear of abuse; 2. Ordering the defendant to refrain from haVing any direct or Indlreot contact with the plalnllff Including, but not limited to, telephone and written communications; 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiffs relatives; 4, Prohibiting the defendant from entering the plaintiff's place of employment/business or Bchool; 5. Prohibiting the defendant from removing, damaging, destroying or selling property Jointly owned by the parties or owned solely by the plaintiff; 6. Granting possession of the home/apartment/mobile home looated at 165 Salem Church Rand, Lot 66, Mechanlcsburg, Cumberland County, Pennaylvanla, to the plaintiff to the exclualon of the defendant pending a IInal order In this matter; 7, Ordering the defendant to stay away from the plaintiffs residence looated at 155 Salem Church Road, Lot 66, Mec:hanlcaburg, Cumberland County, Pennsylvania, which the parties have shored; 8, Ordering the defendant to stay away from any residence the plaintiff may In the future establish for herself; 8, Schedule a heerlng In accordance with the provisions of the .Proteotlon from Abuse Act," and, alter such hearing, enter an order to b8Be In effect for a period of one year: 1, Ordering the defendant to refrain from abusing the plaintiff and/or placing her In fear of abuse, 2, Ordering the defendant to refrain from having any direct or Indirect contact with the plalnllff Including, but not limited to, telephone and written communlcallons, 3, Ordering the defendant to refrain from harassing and stalking the plalnllff and from harassing the plalnllffs relatives, 4, Prohibiting the defendant from entering the plaintiffs place of employment/business and/or school. 5, Prohibiting the defendant from removing, damaging, destroying or selling property jolnlly owned by the parties or owned solely by the plaintiff, 6, Granting possesslotl of the home/apartment/mobile home localed 01155 Salem Church Road, Lot 66, Mechanlcsburg, Cumberland Counly, Pennsylvania, to the plalnllff to the exclusion of the defendant. 7, Ordering the defendant to stay away from the plalnllff's residence localed at 155 Salem Church Road, Mechanlcsburg, Cumberland Counly, Pennsylvania, which the parties have shared. e, Ordering the defendant to stay away from any residence the plaintiff may In Ihe future establish for herself, 9, Ordering the defendant to pay reasonable attorney fees 10 Peler Russo, Esquire, Tho plaintiff further asks that this Pellllon be flied and served without pre- payment of fees by the plalnllff, and that a certified copies of this Pellllon and Order be delivered to the appropriate pollee department(s) who have Jurisdiction to enforce this Order, The plaintiff prays for such other relief as may be just and proper. SUSAN D. CONNELL V Pl"ntlff/p.tlllon,r v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 84.4597 PROTECTION FROM ABUSE MARK P. CONNELLY D,'endlntlR'lpond'nt fBOTECTION ORDER AND NOW, this _ day of May, 1996, upon consideration of the Consent Agreement of the parties, the following Order Is entered: 1, The defendant, Mark p, Connelly, Is enjoined from physically abusing the plaintiff, Susan D, Connelly, and/or from placing her In fear of abuse, 2, The defendant Is enjoined from having any direct or Indirect contact with the plaintiff Including, but not limited to, telephone and written communications. 3, The defendant Is ordered to refrain from harassing and stalking the plaintiff and from harasr;lng the plaintiffs relatives, 4, The defendant Is prohibited from entering the plaintiffs place of employment, business and school, 6, The defendant Is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or Jointly owned by the parties, 6, The defendant Is excluded from the plaintiffs residence located at 165 Salem Church Road, Lot 66, Mechanlcsburg, Cumberland County, Pennsylvania, 7, The defendant Is ordered to stay away from the plaintiffs residence located at 155 Salem Church Road, Lot 66, Mechanlcsburg, Cumberland County, Pennsylvania, which the partie. have shared, B. The delendant Is ordered to stay away from any resldenca the plalnllff may In the future establish for harsell, 9, This Order shall remain In effect lor a period 01 one year or until modified or terminated by the Court alter nollce or hearing and may be extended beyond that lime lithe Court finds that the defendant has committed another act 01 abuse or has engaged In a pattern or pracllce that Indicates continued risk 01 harm to the plalnllff, 10. This Order may subject tho delendant to: i) arrest under 23 Pa, C,S, g611'3; II) a private criminal complaint under 23 Pa, C,S, g6113,1: III) a charge 01 Indirect criminal contempt under 23 Pa, C,S, g6114, punishable by Imprlsonmont up to six months and a line of $100,00-$1,000,00; and Iv) civil contempt under 23 Pa, C,S, g6114,1, Resumption of co- residence on the part of the plaintiff and delendant shall not nullify the provisions 01 the court order, 12, The appropriate police department(s) shall be provided with certllled copies of this Order by the plaintiffs attorney and may enlorce this Order by arrest lor Indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation Is committed In the presence 01 the police officer, In the event that an arrest Is made under this secllon, the delendant shall be taken without unnecessary delay before the court that Issued the order, When that court Is unavailable, the defendant shall be taken belore the appropriate district Justice, (23 P.S, g 6113), By the Court, ,Judge v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 84.4587 PROTECTION FROM ABUSE SUSAN D. CONNf,LL Y Pllln""/Petltloner MARK P. CONNELLY Dlfendlnt/Re.pondent CONSENT ~GREEMeNT This Agreement Is entered on this _ day of May, 1995, by the plaintiff, Susan 0, Connelly, and thl'l defendant, Mark p, Connelly, The plaintiff Is represented by Peter Russo, Esquire the defendant is represented by Bruce A, Grove, Jr" Esquire, The parties agree that the following may be entered as an Order of Court, 1, The defendant, Mark p, Connelly, agrees to refrain from abusing the plaintiff, Susan 0, Connelly, and/or placing her In fear of abuse, 2, The defendant agrees not to have any direct or Indirect contact with the plaintiff Including, but not limited to, telephone and written communications, 3, The defendant agrees not to harass and stalk the pla221ntlff and harass the plaintiffs relatives, 4, The defendant agrees not to enter the plaintiffs place of employment, business and school, 5. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the partlee, 6. The defendant agrees to stay away from the plaintiffs residence located at 155 Salem Church Road, Lot 66, Mechanlcsburg, Cumberland County, Pennsylvania, which the parties have ehared, und lUllIlth hy numerllU~ l'UNlucts uf phYNlcul vlolcncc ,lnd ~fJnllnuullhreUlsllf tlllng SPUrlOUN erhnhllllund civil churges ug'llnsl him," (Emphusls ours) 6, On Muy 25, 1995, lhe purtlcN hercto uppeurcd hcforc lhe Hunomhlc George E, Hoffcr, with Ihe rcspccllve cllunscl. Inunllcllun fIIcd undcr lhc Prulccllun From AhuNe Act, 23 Pu, C,S. ~ ClIOI Cl NCq. 7, Onthc ufurcmcntluncd dUlc II Flnul Prulcctlun Ordcr wus entercd IIguhlsllhe Rcspundcllli u truc und currccl cupy lIf the Ordcr Is ulluchcd hcrclo, mude II pUrl hcreof, und murked Exhlhlt "A," 8, PClltluncr ullcgcN thul slncc Ihc cnlry uf suld Ordcr, thc Respundent hUN vlolulcdit inlhe fullowing nHlIlncr: II. Inuccurduncc with Ihe uhllvc-rcfercnced dlvurce ucllun Nel uUllu pllrugruphN 4 lllld S, ubovc:, undersigncd cuulINclun hchlllf uf PClllluner und Peler}. Russu, Esquire, un hehulf of Respundcnl, cunduclcd unguing ncgulhlll<llls rcllllivc IU 'III Divurce Cude Issues Inurdcr lhul u fair und cqultuhle PrllpcrlY Sclllcmcnl Agrccmcl1l cuuld hc rCllchcd. h. As u rCNulluf lhcsc unguing ncgutialions, on OCluhcr 31. 1995, Mr, Russu wrUlC Mr, Grovc udvislng, inlcr allll, IIHlI ." "This wlllllng pruccss und cunslunl I'e-ncgulluling hllN hroughtmy diel1lto II SIUIC of \allulillnulullllul6h which mllY rcquirc sumc ~lIunse\lng." <Emphasis lIurs)i u CllPY uf this IcUel' is uuuchcd hcrclu, madc u purl hcrellf, l\Ild l11arked Exhihit "II," C. On Novcmhcr 17, 19<)5, Ul UhUUlII:20 11.111" Mr. Grllvc rccclved Illclepholle cull from Mr. I~ussll. cllunscl I'llI' I~espllndcnl, IIlld he IIdviscd he hud his cllclll 1111 the lelephlllle ulld that she 11IId jusI sHlledl1l him (Mr. Russll) lhlll "shc Wlluld kill Murk" if shc "hlst" the 2 ~ -lI '~ '" "rr, ... - '1 M '.. '.. h (,; "I '\ r" .. ,e ':'''J ! till . I. " I. , I I I I , I. I I L, I I' , I '.l u k, . ~ r; " API? I 9 1rJ9!j )oJ,. v. I I I I I I I IN THI cOURT or COMMON PLIAS or cUMBIRL~ND COUNTY, PENNSYLVANI~ NO. 114-41597 PROTECTION FROM ABUSE BUlAN D. CONNILLY Plaintiff/petitioner MARK P. CONNELLY Defendant/Respondent __TI'JKI'9 R1\R lLI'R9TIlQ'l'191t.9RQIlR AND NOW, this __Lt'.. duy ot April, 1995, upon presentation and considoration of tho withln potition, and upon tinding that the plaintiff, Susan D. connelly, residlng at 155 Salem Church Road, I,ot 66, Mechan icsburg, cumborland county, Pennsylvania, ilil in immediate and presont dangor of abuso trom the defendant, Mark p, connelly, the following 'l'emporary Ordor is entered, Law enforcement agencies, human sorvice agencies and school districts shall not disclose the presence of the plaintiff in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about the plaintiff except by further Ordor of Court, 'l'he defondant, Mark P. connelly, (Date of Birtht May 15, 1953) now residing at 155 Salem Church Road, I,ot 66, Mechanicsburg, Cumberland County, Pennsylvania, is hereby enjoined from phyoically abus ing the pla intif f, Susan p, connelly, or placing her in fear of abuse. f1 ..!1'A~ d~f~l,ddnt; is eXClUded trom and 113 oraerea Lv Bt.ay a\:a.y fraM tAg pl~~R~iff/~ r99~~~RgQ locatgQ a~ 155 EalQm CR~rgn RS3d, r Let 66, UeeR~t"'\;~Ahllra. CymberlRnd County Pont:l;prl"a~;:tr A k6.:5id4!hGI;;l: whlch it:) joinLly ',Jvd,~J J...,} tlJ~ parties. The def~ndant is ordered to refrain from having any direct or indireot contaot with the plaintiff including, but not limited to, telephone and written communications. The defendant is enjoined from harasainq and stalking the plaintiff and from hurnsBinq tho plnintiff's rolativos. The defendant is enjoined from entoring the plaintiff'S place of employment/buBincB~ or. school. The dofcndant is onjoinod from romovLnq, damaginq, destroying or selling any proporty ow nod jointly by the parties or owned solely by the plnintiff, A violation of this Order may subject the defen~ant to, i) arrest under 2J Pa. O.S. 66113/ ii) a private criminal complaint under :Z3 fa. O,S. 66113.1/ ili) a oharge of indirect oriminal contempt under 23 Pa. o.S. 66114, punishable by imprisonment up to eix months and a fine of $100.00-$1,000.00/ and iv) civil contempt under 23 Pa. C.S. ~6114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shall romain in cffect until modifiod or torminated by the Court aftor notico or hoaring nnd, can be extcnded boyond that time, if tho Court finds that the dotondanC has committed another act of abuso or has enqaged in a pattorn or practice that indioates continued risk of harm to tho plaintiff. 'rhis Order shall romain in offect until modified or terminated by the court after notice or hearing. A hearing shall be held on this matter on the ,'.7/1> i ) day of May, 1995, at .'j,)(1 .) ,m., in , '/ courtroom No. _ P'mnsylvania. The plaintlff may prooeod without pre-payment of fees pending a further order after tho henrlnq. cumIJerlnnd county courthouse, Ca rUde, The Cumberland county shoriff/s Dopartmont shall attempt to make service at tho plnlntlff/s request and without pro-payment of foos/ but sorvico may bo nccomplished under ony applicabLe rule of civil Proceduro. This Ordor shall bo dockotod In tho offke of tho prothonotary and forwardod to tho Shoritf tor sorvico. Tho Prothonotary shall not send a copy of thls Order to tho dofondant by mail. The appropriato Polico Dopartment(s) will bo provldod with a oertified copios ot this Ordor by the pLnintiff/s attornoy. This Order shall bo on forcod by nny Inw rm torcomont agency where a violation occurs by arrost for indlroct criminal contompt without warrant upon probable cause that this Ordor h[H3 been violated / whether or not the violation is committed in tho presonce of the police officer. In tho ovent that nn orrost ia mado, under this seotion, tho defendant aha 11 bo tokon wi thol.lt unnecossary delay before the court that issuod tho ordor. When that court is unavailable, the do fondant shall bo tokon bofore the appropriate distriot justice. (23 P.B. ~ 6113). , Judge v. I , , I I I I IN TNI COURT OF OOMMON PLEAS or OUMBIRL~ND OOUNTY, PENNSYLVANIA NO. 114-4597 PROTEOTION FROM ABUSE BUB~H D. CONNELLY plaintiff/Petitioner HARK P. CONNELLY Defendant/Re.pondent NOTIOE You have been sued in court. If you wish to de fend against the claims set forth in the fOllowing pages, you must take action promptly after this Petition, Ordor and Notico are served, by appearing personally or by attornoy at the hearing scheduled by the Court and presenting to tho Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so tho Court may procood without you, and a judgment may be entered against you by tho Court without further notice for any money claimed in tho Petition or for any other claim or relief requested by the plaintift. You may lose money or property or other rights important to you. lEES 1\ND COSTS If the case goes to hearing and the judge grants a protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You should take this paper to your lawyer at onoe. If you do not have a lawyer or cannot afford one, go to or telephone the office .et forth below to find out where you oan get legAl help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLIIND COUN'l'Y COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 v. , I , , , , , IN TH! OOURT OF OOMMON PLIAB or OUMBIRL~ND OOUNTY, PINNBYLVANIA NO. 114-45117 PROTEOTION FROM ~BUSE .U8lH D. CONNELLY plaintiff/petitioner NARI P. CONNILLY Defen4ant/Re.pondent I'II.T.I'U9.tt ..'9R-..I'MTflfJ'RJ,QILQ,RJ;lflR RELIEF UNDER THE PROTECTION FROM ~BUSE ACT, 23 P.S. Ii 6101 et seq. Tu_^IlYJUJ 1. The plaintiff, Sllsnn D, connolly, is an adult individual residing at 155 Slllem Church Rond, Lot 66, Mechanicsburg, cumberland County, Pennsylvnnill, 2. The defendant, Marl( 1'. Connolly, is an adult individual residing at 155 Salem Church Road, Lot 66, Mechanicsburg, Cumberland County, Ponnsylvania, 3. The defendant is the husband with the plaintiff. 4. since approximatoly April 1, 1995, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury/serious bodily harm, to the plaintiff or has placed the plaintiff in reasonable fear of imminent serious bodily injury, This has included, but is not limited to, the following specific instances of abllsot a. Respondont constantly uses foul and abusive language which intimidates tho potitionerl b, The respondent's use of alcohol and hiB use at toul and abusive language has led to other alt~rcationB bQtween the parties and has caused the petitioner to fear for her safety, c. Respondent stated to the petitioner that "you don't know when you arc going to get it" which hae caused the petitioner furth,r ooncern over her safety, d. Respondent has callod petitioner's friends saying that the potitioner was going to pe alone for the weekend and that he thought the petitioner might inflict some harm on herself. This has also causod the petitioner to fear for her safety in that it appoars us though the respondent might be laying the groundwork for an alibi, e, Petitioner is roquired have migraine medication injected into her bloodstroam. The rospondent typically injected the petitioner. Recently the respondent took an excessive amount of time preparing the needle for the injection, When the petitionerwent into the kitchon to invostigate, she notice that the needle was not put together right which caused the petitioner to fear that he might attempt to permit an air bubble to oontaminate thesyringo which would causo significant physical injuries possibly including deathl and f, On April 11, 1995, the Hampton Township Police We~8 summoned to the marit"l rosidonoe to respond to the petitione~'s fea~s of abuse and the respondont was asked to leave the home. 5. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she remain in the home without the defendant's exclusion and that ahe is in need of protoction from auch abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff inclUding, but not limited to, telephone and written communications. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives, 8. The plaintiff desires that tho defendant be restrained from entering her place of employment/business or school. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. B. EXCLUSI~OSSEBSIQN 10. The mobilo home from which the plaintiff is asking the Court to exclude the defendant is owned in the names of Susan D. Connelly and Mark p, Connelly, 11. The plaintiff desires possession of the mobile home so ae to qiv8 the greatest degree ot continuity to the lite and to allow her to continue her education at her school and to oontinue her sooial activities, ~~>>Ba/~TTORNEY FIlS 12. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Peter Russo, Esquire. 13. An award undor this chaptor sholl not constitute a bar to litigation for civil damagos for injuries sustainod from the acts of abuse giving riso to tho award or a finding ot contempt under this chapter, WHEREFORE, pursuant to tho provisions of the "Protection from Abuse Act" of octobor 7, 1976, 23 P,S. ~ 6101 ~ ~'I 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 r " 1. Ordering the defendant to refrain from abusing the plaintiff and/or placing her in fear of abuser 2, Ordering the defendant to rofrain from having any direct or indiroct contact with the plaintiff inClUding, but not limited to, telephone and written communicationsr 3. Ordering the defendant to rofrain from harassing and stalking the plaintiff and from harassing the plaintiff's relativesr 4. Prohibiting the defendant from antering the plaintiff's place of employment/business or sohool/ 5. Prohibiting tho defendant from removing, damaging, destroying or soiling property jointly owned by the parties or ownod sololy by tho plaintiff/ 6, Granting possos~ion of tho home/apartment/mobile home located at 155 Salem Church Road, Lot 66, Mechanicsburg, Cumborland county, ponnsylvania, to the plaintiff to tho exclusion of tho defendant pending a final order in this mattor; 7. ordering the dofendant to stay away from the plaintiff'S residence located at 155 Salem Church Road, Lot 66, Mechanicsburg, cumberland county, Pennsylvania, which the parties have shared; 8. Ordering the defendant to stay away from any residence the plaintift 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 n period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff and/or placing her in tear of abuso. 2. Ordering the defendant to refrain trom having any direct or indirect contact with tho plaintiff incLUding, but not limited to, telephone and written CQmmunication~. 3. ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff'S relatives. 4. Prohibiting the defendant from entering the plaintiff'S placo of employmont/business and/or sohool. 6. prohibiting tho defendant from romoving, damaging, destroying or solling proporty jointly owned by the parties or owned solely by the plaintiff, 6. Granting possossion of tho homo/apartment/mobile home located at 155 Salem Church Road, Lot 66, Mechanicsburg, Cumberland county, ponnsylvania, to the plaintiff to the exclusion of the defendant, 7. Ordering the defondant to stay away from the plaintiff's residence located at 155 Salem Church Road, Mechanicsburg, Cumberland County, Ponnsylvania, which th~ parties have shared, 8. Ordering the defendant to stay away from any residence the plaintiff may in the futuro establish for herself. 9, Ordering the defendant to pay reasonable attorney fees to Peter Russo, Esquire. The plaintiff further asks that this Petition be filed and served without pre-payment of fees by the plaintiff, and that a certified copies of this Potition and Order be delivered to the v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94.41597 PROTECTION FROM ABUSE SUSAN D. CONNELLY Plllntlff/PeUUoner MARK P. CONNELLY Oefendlnt/Re.pondent fBmECTlVE ,ORDER AND NOW, this day 01 April, 1995, alter hearing on petllloner'lf Petition for Relief, the lollowlng Protection Order Is hereby entered: (1) The respondent, Mark p, Connolly, Is directed to relraln Irom: (a) having personal contact, tolephono contact and any other contact with the petitioner and from entering the place of employment, business or school 01 the potltloner; (b) attempting to cause or Intentionally, knowingly. or recklessly causing bodily Injury or serious bodily Injury with or without a deadly weapon to the petitioner and/or the minor chlld(ren) 01 the parties: (0) physically abusing or menacing the petitioner thereby placing her In fear 01 Imminent serious bodily Injury and; (d) enjoined Irom harassing the petitioner as dellned In 1 B Pa. C.S,A, section 2709. (2) The petitioner, Susan D. Connelly, Is hereby given exclusive possession 01 the marital residence located at 155 Salom Church Road, Lot 66, Mechanlcsburg, Pennsylvania, and the respondent, Mark P. Connelly, Is hereby evicted 'rom said premises and directed not to enter thereon during the duration 01 this Order or until lurther Order 01 the Court. (3) This Order shall not In any manner affect title to any real property owned by the parties, (4) This Protection Order shall remain In effect until one year Irom the signing 01 this Order. SUSAN D. CONNELLY, I IN THE COURT OF COMMON PLEAS OF plaintiff I I CUMBERLAND r,:OUN'l'Y, PENNSYLVANIA I VII. I NO, 94-4597 CIVIl, 'rERM I I PROTECTION FROM ABIISE M.\RK P. CONNELLY, I Defendant I MOT I Oti...fll.B.....c.Qli'U N UANC E The plaintiff moves this Court for an Order oontinuing the hearing of this oase until further order. of court, on the grounds thatl 1. A Temporary Proteotive Order was issued by this Court on the 15th day of August, 1994, schedUling a hearing for the ~3rd day of August, 1994, at 4100 p.m. ~, The defendant was served with the Temporary Proteotive Order but is currently receiving in-patient rehabilitation treatment at Columbia University Hospital and will not be released until at least September 9, 1994. 3, Family of the defendant contacted the Family Law Clinio and requested a continuance on the defendant's behalf. The Family Law Clinic is not representing the defendant at this point in time, 4. The plaintiff is in agreement with a continuance until the defendant is released from treatment on condition that the Temporary Protective Order of August 15, 1994, remain in effect pending further Order of. Court, 5. A copy of the Order for continuanoe will be delivered to the Hampden Township Police Department by attorneys for the Luter thllt mOl'Jllni, the defelldant was IInlll'Y at the pllllntlff and threatllnlld tho plahlllff s/lylni thllt If hu W/lS II I'I'U II t lid , she was donll. lie 111110 threatened ttlllt he would "fix \lIt 50 thllt her I'lIlutlvc!I would never havo any U'llltBct with hor, CUUIIIIIIl the p111111tlff to 1'11111' for hcr slIfely. b. (lJ) or IIbuut AUllust II, 1')'/4, the tlcfendllnt lit tempted to llaln entry to the I'csldellce alld threlltened thllt If the pllllnllff tlldn't lilloII' him ontry, sho hlld had It. The dcfendlllll then thl'lIW II bowl llf fontl lit thc plaint Iff and when IIho went Into the lJuthroom to cllllln up, thu ddcndllnt Clllle hehind hilI', grabbed hor lJy thu neck, slllmmud her Into the clIlJlnllt IInd sink, IIttemptlng to force her heo Into lhe watur. The pllllntlff strullllled with the defendant to prevent her flleu from llolnll Into the wlltur, The dufcndunt ugaln IIhoved the p161ntlff Into the cllblnet IInd gruhhed hcl' IIrm. When the pllllnliff was IIble to break frell 1'1'011 lhe defendllnl, she rlln Into thc living nlllm and thc defendunt ran ufter her. for her s/lfely, the p11lintlff telupholled the (XII Ice. The plaintiff Iluffered brulllllll t<l her fuce, knell. /lntl thigh. und soreness to her ncck /lnd shoulders. c. 111 or IIround the lJuglnning of July 1994, the defendant used his body to push the pl/llntlff arllund the room and b/lck her Into a wall, c/lUlllng the plaint I ff to fellr for hcr 1l11fety, d, Inllr 'lround May 1994, the dcfendant sexually 6ssaulted the plaintiff. 5, The plaint I ff he I ieves and therefore uvcrll that shc Is In Il1lIIledlate and present dllngcr of abuse from the defendant shou Id she remain in the hollC without thedefendunt's exclusion and that she is in need of protection from such abuse, 6, The p11lintlff desires thllt thl! defendant be prohibited from having any contact with the plaint Iff, except by mall. 7, Thll plllinllff dOHlrll/! thllt tho dol'llndllllt he enjlllnod from h/ll'lI6111lnl& I1nd IItlllklnll lhll pllllntiff, nnd from tUIl'IIRlling tho pll1lnlll'l"1I 1'11.11)'. 6. 'rhe pllllnllff ,llllllrllll th/lt lho dllfendant bll rostrlllnlld from Intlrlnl her 1llllCIl of Ilmploymonl, 11,_ .JM,Ulllm.J~IUIBllII~ 9. Thll mobile hOllo from whkh tho plaint I,.,. III 'liking the Court to exclude the defcndtlJlt III ownod In thll IUIlnOH uf SUSAN n. OONNI\J.LY ANn MARK P. CONNELLY, \\1iEREfORE, (lurllu/lnt to thl.! provllll'lIlS of thll "l'rotllctloll from Aoosll Act" of October 7, 1<)76, 23 P.S, U 610! Ill. riJl.!!., /Iii IIl1lCndlld, the pl/llnt i 1'1' prll)lli this Honorable Court to grnnt thlt fo11llwlng rdillfl A, Ornnl a Tempurtlry Ordllr pUrllU/lnl to the "Protecllon 1'1'011 Abuse Act I" 1. Ordlll'lng the ddendant to refrain 1'1'011 IIbulllng the plaint! ff 01' placing hilI' In fenr of nbullcl 2, Ordering thll dllfclltlnnl 10 refrtlln 1'1'0111 havlnM contllct with the 1l1nlnllff, exccpt by mill II J. Ordering thl! defendant to I'llfrain 1'1'011I hal'llslllnll IInd stalking thll plnintlfl' /lnd from harassing thll plaintiff's fllfllllYI 4, Prohibiting the derllndant from entering the plaintiff's place of employment; 5. Gr/lnt i ng poSBllllS ion of the lIlublle home located at 155 Salem Church Rond, Lot '66, Mech8nlcsburg, Cumberland County, Pennsylvania, to thc plaintiff to the exclusion of the defendant (lending II flOlll order In this mattcl'land el. onlurlnll thu ,lllfll/lllllnt to utllY IIWIIY f1'OlI1 IIny rlllllduncu thll pllllnlirt' IlIIY In thu rutuu uutlllJIlllh for hursulfl 8, Bchudulu s hUllrlnl! In IIccord,lOuu with lhu lll'llvllluns of the "protection frum Ahullu ACl," lind, IIftur lIuch huurlnM, untilI' an ordur to bet In crruet 1'01' II period or une YUIII'I I. Ordurlnl! lhu dllrendllnt to rufrllin frQIII abUIIlnll thu pllllntiff or Illnclllll her In fllllr of "bullul 2. Onlur Inll the: dllfe:nd/lnt to rufl'llln from hllvlnM any contllct with thc plalnlirt'. excupl by msi II 3, onlllrln!l. lhu defundant to refrain from harulllng and stalking lhe plullltlrt' IInd rmm hurlllllllnll thu plaintiff's famllYI 4. Pruhlbit In!l. the: defcndant rrollllnterinllthc p1alntlff'lI place: of umployrnunt I S. Ol'llllt I ng POIIIICIIII ion nr thu mob lIc hOle located at US Sa1u. Church Rand, Lut *66, Muchllnlcsbur8, Cumberland County, Pennllylvanla, to the plulntirr tu the exclulllon of the dufllndant I 6. Orderlng the defendant to stay IIWIIY from any rCllldenCCl thu pllllntlrf muy In thu future cstabllBh for herllc If I The plaintiff further aBkB thllta certified copy uf this Petition and Order be delivered to the Ifllmden Townl;hlp Police Department who have jurlsdlctlon to enforce this Order. t t~, :t ~~~ ~ ;>-" \n . ~', l ' \. r.: I . ~ l_ :t I". , , e- .g P., 171 .:' , " ~ .- .1 'j " " , \: @';r ., . " c:.:5 I.r) I"" , :t" ::t- ~ I I ~ ~ ~,- u .,. . , ,,' ,I t' , , .1 .. 7, Admitted with qualifications. While Respondent admits an Order was entered by the Honorable George E. Holter, the Ordel' allached by petitioner's counsel has not been conformed nor does It contain the signature of any Judge, let alone the signature 01 the Honorable George E, Hofler, 8, Denied, Respondent has not violated the Court's May 25, 1995, Order In any way, 8a. Admllled with quallllcatlons, While It 15 admitted that "negotiations" were ongoing, It 15 speclllcally denied that Respondent violated the Court's May 25,1995, Order during the coul'se of these "negotiations," 8b, Admllled with qualifications, While It Is admitted that counsellor the Respondent sent a leller to petitioner'S cour,sel and said document speaks for Itself, It 15 specifically denied that this was violation tl1e Court's May 25, 1995, Order, Bc, Admllled in port and denied In part. It Is admitted that on November 17,1995, at or about 11 :20 a,m., Respondent's counsel contacted petitioner's counsel regarding a conversation Respondent's counsel had with the Respondent. It 15 specifically denied that counsel for the petitioner's version of the conversation 15 accurate, considering It has baen removed from Its context and only portions 01 the conversation have been provided, 9, Denied, The averment at paragraph 91s a conclusion 01 law and no answer Is required, .. WHEREFORE, Respondent respectfully requests that this HonorabhJ Court dismiss the Mark p, Connelly's Petition tor Indirect Criminal Contempt end Impose sanc;\Ions on Merk p, Connelly. In the allernetlve, If this Honorable Court should decide not to dismiss the cherges, considering the lects as detailed In the Instant Petition are In dlBplJte, Respondent would ruquest that on order be entered, os provided by Aule 206,7 of the Pennsylvenla Rules of Civil Procedure, to obteln discovery Information from petitioner's counsel. tiE.w....MAIIEB. 10. This Honorable Court's Order or May 25, 1995, requires In the third unnumbered paragraph of Petitioner's Exhibit A, that ", , , plaintiff [Susan DeMond Connelly] agrees that she shall be excluded from defendant's residence, , ," 11, The Petitioner has fnlthfully complied with sold portion this Honorable Court's May 25, 1995, Order. 12, This Honorable Court's Order of May 25, 1995, requires In the fourth unnumbered paragraph of Petltfonel"s Exhibit A" that "The parties agree that all contact between eech other shall be had between their attorneys." 13, The Petirioner hus faithfully complied with said portion this Honorable Court's May 25, 1995, Order end has not had any contact with the petitioner, 14, At no time did the Respondent violate any provision of this Honorable Court's May 25, 1995, Order, 3 .. 16, On or about Novllmber 17, 1995, counsel for the Respondent received Information from the Respondllnt of a contingent ond futuristic act, 16, Believing Ihat physical hurm might come 10 another, albeit contingent on various events lmd In the very distant luture, counsel for the Respondent advised the Respondent that if she did not retract the statement Immediately, counsel would be required to Inform petllloner's counsel of the statement. Respondent did not retract the statement, 17, Counsel for the Respondontthen contacted counsel for the petitIoner and advised him of the recent developments, and although concerned, Indicating that this was 50 far Into the future It was nothing to be worried about and requested that petitioner aid his wife [the Respondent] In obtaining medical assistance for depression, 18, The petitioner attempted to file criminal charges with Sergeant Andreoli of the Hampden Township Police Department. 19, Sergeant Andreoli refused to accaptthe chargas from the petitioner and sent the petitioner home, 20, Petitioner then flied the instant petition as an wrongful use of civil proceedings, abuse of process, and In an eHortto further distress the Respondent. 4 '.. ,.J' I i ... " I J l~' I ,.J , /. 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