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HomeMy WebLinkAbout94-04631 11 I 1 I I I ~ i -5 I o I d I i , i ~ ! ,1 j , 9 ! J Doris J. Dworchak, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. : NO. 94 - 4631 CIVIL TERM John A. Host, III, Defendant : : PROTECTION FROM ABUSE AND PROTECTIV~ NOW, this ~ day o~_A ,1994, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, John A. Host. III, is enjoined from physically abusing the plaintiff, Doris J. Dworchak, or from placing her in fear of abuse, 2. The defendant, John A. Host, III, is hereby excluded from the premises located at 425 S. Arch Street, Mechanicsburg, Pennsylvania. The defendant is hereby notified that if he resides in the plaintiff's 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 shall not nUllify the provisions of the court order directing the defendant to refrain from abusing the plaintiff. 3. The defendant, John A. Host, III, 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, .. . " entering the plaintiff's place of employment. 5. The defendant is ordered to refrain from stalking the plaintiff and from harassing the plaintiff or her relatives. Occasional meetings with the defendant and the plaintiff's teenage children will not be construed as harassment as long as they are mutually agreed upon and do not occur at the plaintiff's residence. The defendant will not contact the plaintiff except by written communication regarding the children. 6. The defendant is ordered to refrain from damaging or destroying any property owned by the plaintiff or any property jointly owned by the parties. 1. This Order shall remain in effect for a period of one year. 8. The Pennsylvania State and Mechanicsburg Police Departments will be provided with a copy of this Order by attorneys for plaintiff. This Order shall be enforced by any law enforcement agency when a violation occurs by arrest for indirect criminal contempt, The arrest may be 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 appropr,i' district justice. . \ (23 P.S. Section 6113). J. ~ ... t " . ,.. '\;. ." 'i,' . (~\ . 'j:'. -'/.:- . ~tm~G G ~S ... (. "d"' ": Doris J. Dworchak, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . : CIVIL ACTION - LAW vs. : : NO. 94 - 4631 CIVIL TERM John A. Host, III, Defendant : : PROTECTION FROM ABUSE This Agreement is CONSENT AGREEMENT l 'f entered on this ~) J day of ~"'Z' fC'Mbe J~ ~t, 1994, by the plaintiff, Doris J. Dworchak, and the defendant, John A. Host, III. The plaintiff is represented by Joan Carey of Legal Services, Inc.; the defendant is represented by the Family Law Clinic. The parties agree that the following may be entered as an Order of Court. 1. The defendant, John A. Host, III, agrees to refrain from abusing the plaintiff, Doris J. Dworchak, 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. 3. The defendant agrees not to stalk the plaintiff or harass the plaintiff or her relatives. Occasional meetings with the defendant and the plaintiff's teenage children will not be construed as harassment as long as they are mutually agreed upon and do not occur at the plaintiff's residence. The defendant will not contact the plaintiff except by written communication regarding the children. 4. The defendant agrees to stay away from the residence . . located at 425 S. Arch Street, Mechanicsburg, Pennsylvania. 6. The defendant agrees to stay away from any residence the plaintiff may establish for herself in the future. 6. The defendant agrees to refrain from damaging or destroying any property owned by the plaintiff or any property jointly owned by the parties. 7. The defendant, although entering into this Agreoment, does not admit the allegations made in the Petition. 8. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one year. 9. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protective Order entered in this case. WHEREFORE, the parties request that an Order of Court be entered to reflect the above terms. /Jr.;.a 't~(~ Doris J. Dworchak, Plaintiff ~"" Q. "'\~ ~ John . Host, III, Defendant ~t.... t'l~-Q.a:r;;. Jo Carey Jane Muller-Peterson Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 , ~ "/ ' ';:;1'( /.2;' l u {; /.;; ;L ,risa Watson, Student Intern fi (7- ,<'" -:L,:) , //,-r'fe,,"1 2- (YP/4! .'J Robert Rains Supervising Attorney Attorneys for Defendant Family Law Clinic 45 N. Pitt Street Carlisle, PA 17013 (717) 243-2968 ~ , ~Q;. ~~ ~ <l'" I .1- ~ ~ - DORIS J. DWORCHAK. Plaint i ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94- J./lR3/ CIVIL TERM JOHN A, HOST. III. Defendant PROTECTION FROM ABUSE TIlMrnMR'LPJ\QJ'~c'nQILORJ)BR AND NOW. this __\ '1_ day of August. 1994, upon presentation and consideration of the within Petition. and upon finding that the plaintiff. DORIS J, DWORCHAK. now residing at 425 S. Arch Street, Mechanicsburg. Cumberland County. Pennsylvania. is in immediate and present danger of abuse from the defendant. JOHN A, HOST, III. the following Temporary Order is entered, The defendant. JOHN A, HOST. III, now residing at 88 Caravan Court. Middletown. Dauphin County. Pennsylvania, is hereby enjoined from physically abusing the plaintiff. DORIS J. DWORCHAK. or placing her in fear of abuse. The defendant is excluded from the plaintiff's residence located at 425 S. Arch Street. Mechanicsburg. Cumberland County, Pennsylvania. a residence which is jointly leased by the parties. The defendant is hereby notified that if he resides in the plaintiff's domicile contrary to this Order. he may be in indirect criminal contempt which is punishable by a fine not to exceed $1.000.00 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 shall not nullify the provisions of the court order directing the defendant to refrain from abusing the plaintiff. 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 enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's family. The defendant is enjoined from entering the plaintiff's place of employment, 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(pU day of August. 1994. at g~:.J_CL___c;...m,. in Courtroom No. ~. Cumberland County Courthouse. Carlisle. Pennsylvania. The plaintiff may proceed in l'oLDlIl plUII!eJ"is pending a further order after the hearing, The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request. but service may be accomplished under any applicable rule of Civil Procedure. The Pennsylvania State Police. and the Mechanicsburg Police Department will be provided with a certified copy of this Order by the plaintiff's attorney, This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt wi thout 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 shail be taken without unnecessary delay before the court that issued the order, When that court is unavailabie. the defendant shail be taken before the ----- appropriate dilltrict justice. (23---611~ / J . ,. AUG /7 .2 13 flJ 'JII c ~'? f)!.;.i. t, . . !;Jr):('...fJJ"Y C~"tl)i' ..,~.ldJ (,,( ;;~rr rfth~j~( ~; :;!:,. NO. 94- CIVIL TERM DORIS J. DWORCHAK. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. JOHN A. HOST. III. Defendant PROTECTION FROM ABUSE NOT ICE 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 important 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 170lJ TELEPHONE NUMBER: (717) 240-6200 DORIS J. DWORCHAK. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 94- tf/i3/ CIVIL TERM PROTECTION FROM ABUSE v. JOHN A. HOST. III. Defendant PETUJj)lLEOR_I'JUITBcrl_Q1'I....J)~PJ!R ~BLIBP UNDBR THB PROTBCTION PROM ABUSB ACT, 23 P.S. fi 6101 et seq. AL_AQ1J.Se 1. The plainti ff is an adul t individual whose permanent address is 425 S. Arch Street. Mechanicsburg. Cumberland County. Pennsylvania. 17055. 2. The defendant is an adul t individual residing at 88 Caravan Court, Middletown. Dauphin County. Pennsylvania. 17057. 4. The defendant has had an intimate relationship with the plaintiff, 5. Since approximately 1993. the defendant has attempted to cause and has intentionally. knowingly. or recklessly caused bodily injury 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 instance of abuse: On or about July 19. 1994. the defendant became angry with the plaintiff when the plaintiff would not give him her car keys, The defendant punched the plaintiff in her face and then grabbed her leg. causing the plaintiff to fall to the floor. The defendant pinned the plaintiff on the floor and punched the plaintiff 10 to IS times on her buttocks, When the plaintiff tried to leave, the defendant grabbed her with both of his hands around her waist and made her sit on the couch. refusing to let her leave, When she was able to get away. the plaintiff spent the evening in a motel because she feared for her safety. The plaint I ff called the Mechanlcsburg police. and the defendant was arrested for simple assault. As a result of the defendant's abuse. the plaintiff suffered two large bruises on her left Inner thigh. several bruises on her upper buttocks and a sore left cheekbone. 6, 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 defendant's exclusion and that she is in need of protection from such abuse. 7. 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. 8, The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff. and from harassing the plaintiff's family. 9. The plaintiff desires that the defendant be restrained from entering her place of employment. 10. 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. It... m IlXCI.USHlLPQSSJlSSJ.ON 11. The home from which the plaintiff is asking the Court to exclude the defendant was shared by the parties until the defendant left after his arrest and currently is rented in the name of DORIS J. DWORCHAK. 12. The plaintiff currently has no place to stay with her children except the marital home. and the defendant has family and friends in the area with whom he can stay. 13, The plaintiff desires possession of the home so as to give the greatest degree of continuity to the lives of her children and to allow them to continue their education at their schools and to continue their school and social activities, C-,-I-m>....sBJ! 14. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A attached. IS. The plaintiff asks for attorney fees for Legal Services. Inc.. and filing and service fees of this lawsuit pursuant to the Protection from Abuse Act. D-,--ST.AmS_T_O_PltQCR~IL.11LE..QIDM..j>.AlLPIlRlS 16. The plaintiff works at Dauphin County Prison. and earns a salary of approximately $275,00 a week. 17. The plaintiff does not have funds available to pay the fees for filing and service of this lawsuit. WHEREFORE. pursuant to the provisions of the "Protection from Abuse Act" of October 7. 1976. 23 P.S. Ii 6101 e_t s.e.q.. as amended. the plaintiff prays this Honorable Court to grant the following A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" I. Ordering the defendant to refrain from abusing the plaintiff or placing her In fear of abuse: 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff 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 plaintiff's family; 4. Prohibiting the defendant from entering the plaintiff's place of employment: 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 located at 425 S, Arch Street. Mechanicsburg. Cumberland County, Pennsylvania. to the plaintiff to the exclusion of the defendant pending a final order in this matter and. 7. Ordering the defendant to stay away from any residence the plaintiff 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 a period of one year: I. Ordering the defendant to refrain from abusing the rei lef: plaintiff or placing her in fear of abuse: 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to. telephone and written communications: 3. Ordering the defendant to refrain from harassing and stal~ing the plaintiff and from harassing the plaintiff's family: 4. Prohibiting the defendant from entering the plaintiff's place of employment; 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 located at 425 S. Arch Street. Mechanicsburg. Cumberland County, Pennsylvania. to the plaintiff to the exclusion of the defendant pending a final order in this matter and, 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself; 8. Ordering the defendant to reimburse the plaintiff's out-of-pocket losses suffered as a result of the abuse including but not limited to the losses listed on the attached sheet marked Exhibit A. attached and incorporated by reference. 9, Ordering the defendant to pay all costs of filing and service of this lawsuit and attorney's fees to Legal Services. Jnc, ,. 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 certified copy of this Petition and Order be delivered to the Pennsylvania State Police and the Mechanicsburg Police Department. who have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted. 1 ~ / ~J _-/ /' J an Carey If V~ttorney for PlaIntiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 .- DORIS J. DWORCHAK. Plaint! ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 94- CIVIL TERM JOHN A. HOST. III. Defendant PROTECTION FROM ABUSE O_lIT-OE--::P-OCKItT-105-SIlS The plaintiff requests that the defendant reimburse her out- of-pocket lossps. including but not limited to the following: $ 25.00 for lodging. Exhi bit A The above-named plaintiff. DORIS JEAN DWORCHAK. verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C,S. g 4904 relating to unsworn falsification to authorities, Date: __y-.-:IR..:!l_1_____ ~~;J~c~ DORIS J, DWOR AK. Plaintiff ~ g ~ \Q ~ ~ ~ lL.. H ~ Doris J. Dworchak, plaintiff vs. John A. Host, III Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 - 4631 CIVIL TERM PROTECTION FROM ABUSE AND NOW, this ORDER FOR CONTINUANCE f)',1" .y, day of August, 1994, upon consideration of the plaintiff's Motion for continuance, the hearing scheduled for Auqust 26, 1994, at 9:30 a.m. in Courtroom No. II, is continued until ~, 1994, at '1. ~O ~.m. to afford the parties time to execute a Consent Agreement. 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 and Mechanicsburg police Departments by the attorneys for the plaintiff. 11uc ZG S 08 ~H '9~ ';riCE CI" " '~tiOH"'-LVtY (;(;)1:1: .!'J:;~,. ,;j(J · .. 'll.:i r,- . i 1,,~ . , , MOTION FOR CONTINUANCE The plaintiff moves the Court for an Order continuinq the hearing of this case until further Order of the Court, on the qrounds that: 1. A Temporary Protective Order was issued by this Court on August 17, 1994, schedulinq a hearinq for the 26th day of August, 1994, at 9:30 a.m. 2. The parties request additional time to execute a consent aqreement to present to the court. 3. The plaintiff requests 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 Pennsylvania state and Mechanicsburq Police Departments by attorney for the plaintiff. WHEREFORE, the plaintiff moves the Court to grant the plaintiff's Motion, and to continue this matter until further Order of Court. Respectfully submitted, n Carey, Attorney LEGAL SERVICES, INC 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 . . ..~...,.. ..'..... .... ........ ... ....... .'.. ..'."._..."...'"........_ . '" ._.....M. .... '.~'~ . .......-... '.':' .....0............................ . ,. SHERIFF'S RETURN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND In the Court of Common Pleas of Cumberland County, Pennsylvnaia NO.94-4631 Civil Term Temporary Protective Order Protection From Abuse Petition and Notice Doris J. Sworchak VS John A. Host, III R. THOMAS KLINE, Sheriff, who being duly sworn according to law, says, that he made diligent search and inquiry for the within named defendant, to wit. John A. Host, III but was unable to locate him in his bailiwick. He therefore deputized the sheriff of Dauphin County, Pennsylvania, to serve the within Temporary Protective Order Protection From Abuse Petition and Notice On August 30, 1994 , this office was in receipt of the attached return from Dauphin County, Pennsylvania. Sheriff's Costs. Docketing "'1,c'(P . Out of County Surcharge Sworn and subscribed to before me ;tiZ.. this . ,,-- 1- day of ..J,~t:~L.- . 19 'i', , A.D. LL ..~ (, )lldl<~ d'n-r.:. I I , I . Prothonotary . f AND NOW: WITHIN August 22, 19 94 .ut 8:20 AM. SERVED THE UPON " , , COMMONWEALTH OF PENNA: COUNTY OF DAUPHIN: SHERIFF'S RETURN NO. 94-4631 PAGE 262 TE1olPORARY PROTECTION FROM ABUSE & ORDER John A. Host, III BY PERSONALLY HANDING TO John A. Host, III A TRUE ATTESTED COPY OF THE ORIGINAl. TE1olPORARY PROTECTION FROM ABUSE & ORDER AND MAKING KNOWN TO Him THE CONTENTS THEREOF AT Dauphin County Court House, Front & Market Sts., Harrisburg, Dauphin County, Penna. SO A~JL,;. ?f., ~ SHERIFF OF DAUPHIN COUNTY. PENNA BY /Jt. /1l.' " j-'d tJ. tN.d../ D~PUTY SHERIFF Sworn und subscribed to 23rd M of Aug. C!-. (+)~ 19 94 PROTHONOTARY SHEH J FF'S COST $ S-IA ~~-'.:;' at CaWlC'T. :".. .-.". ..~~---~........----_..........................,. '," "... .', . In The Court or C:;mmO:1 ple:::s or C:;r;:::::ilt'i:::nd C-=u:-;~'YI PSMrlsyl'Ic:r.i:: Doris J. Sworchak ''-5. John A. Host. III ;:.ro. "4 4631. <'i"il Tllrlll ':l .--- :-taw, Auqust 17. 1994 ~9--. !. SE:Z:..!:':" O~ C~G~.!..A.'m COt,~'l"Y. ?~ co h~ cL::u= c!:: Sh==~ oi Dauphin c,u:ty :0 c:::".1tC .:..:. ',V:::, .1..:. d..,,"?u:== =:br -...:- u == ~ --d :=..sk oi ::::: :11..:_=. ~a// .~ .....~-::~-"- -...~..~ ~ _ c:.E' SlIe..~ at C=:!ler'..:u:d C~u::ll'. ::':1. . Affida.vit or Sem~ :-i'ow. ~9 -. o'-:!cc: ~r. 1=-,0::1 :.:: ~,:.:" -.:paa ~t by b.%:~ :D 3- <:::!'!' ct ::= 0::::'-..1 ... :111a = i:::owu :0 . . . :::.: ..::::.t=:s :.~===t. Sa =we:. =:~ 6yct ~!?- COSTS SE't'V"ICZ ~cr:u.-\G Eo A.::wAVTI' oS 5wcr: :me! r.:esc-.1:e:i ccen: '"'-----. s