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HomeMy WebLinkAbout94-04955 " II ,r,1 !I , , " " 'I I ~ 7 , , -;9 I, I' t ~ (- I \ , ' \ \"" '\ \, , , \ I , ' / r~~/ J " , I ~ J ! i I , , , ~ I I I ()- :::t" ,,' . JANICE L. TONER. (N TilE COURT OF COMMON I'U,AS OF Plllint! ff v. CUMllER/.AN/l COUNTY. PENNSYLVANIA NO, '14- ~/i:J~;IVII, TERM PR<YI'EC1' I ON fROM AlIUSE RUSSELL D, VANCE Defendant Tt)Ol()lW(Y PR01:f1i'11!lU.lfIDJ~ AND NOW, thiS..L.~I~._ dllY of September. 1'1'14, lllxm presentation 8I1d considerntion of the within Petition, IInd upon finding thllt the plaintiff, Janice L. Toner, now re~liding III 30 Bell",lc Club Rond, Cllrl isle, Cumberlllnd County, Pennsylvania, Is in immedillte IInd present dllnger of llbuse from the defendant, Russell D. Vance, the following Temporary Order Is entered, The defendant, Russell D. Vllnce, now residing at 121 East Pomfret Street, Rear Apt., Carlisle. Cumherland County, Pennsylvanill, is hereby enjoined from physically ahusing the plaintiff, Janice L. Toner, or plaelnK her in fear of abuse. The defendant Is ordered to stay IIway from the plaintiff's residence locllted Ilt 30 Ileagle cluh Road, Carlisle, Cumberland County, Pennsylvania, a residence to which the plllint iff moved to avoid abuse. which is not owned or leased by the defendant. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, hut not I imited to, telephone and written communications, The defendant. is enjoined from harassing and stalking the plaintiff and from harassing the plllintiff's fami Iy. The defendant is ordered to rei inquish to the sheriff's department the following weapon which he has used or threatened to use al!ainst the plaintiff: switchblade knife. plcudcd wi th the ddendnnt not to hurt her he squl!e1.ed her neck wi t h onl! hnml, pUlihed her hend buck nnd thrl!atened, "God d8mn It, Jlln i ce, I' II kill you, [' II k I II you." The dl!femlnnt let thl! pI/lint iff 110 when "he scrl!/Imed loudly, Fearing for her sufety, the plaintiff moved out of the residence she shllred with the defendant on August 26th. b. On or nbout August 24, 11)'14, thl! defendllnt demnnded thnt the plulnt iff eng/Ige in sl!xUlI1 act ivi ty wi th him. When she refused, he grllhhed II serrllted knife from the kitchenl held her by her wrist with orll! hllnd, held the knife to her thront with thl! other hllnd, threutened to slit her throat and said, "God damn it, .r IIn i ee. I' II kill you. You're gonnn do it." The defendant lot go of the plllintiff, put the knife down, walked townrd her ns shl! wul ked hllckwllrd out of the room, and continued to hnfllss her IIhout engllging in sexual activity with him, The defendnnt picKed up /I hllmmer in the I iving room, grabbed the plllint i ff by the arm, shoved her down into II chair, held the hnmmer in 1\ menllcing manner over her head and threntened, "God dllmn it, .I/mice, 1111 it will take is one hit, one hi t on the he lid and you'll he dml(I." Fearing for her life, the plnintiff submitted to sexulIl IIctivity with the defendllnt. c, On or ahout August 22, 1994. the defendant gfllbbed the pl/lintiff by her arms, shoved her backward, shoved her down onto /I I'hllir. IInd threatened to kill the pluintlff and her counselor, threatening that he would sl it their throats and ejllculnte into thu blood. The dcfend/lnt continued to Int Imldnte nml threnten the pllLlnt i rr unt I I she telephoned her counllulor nnd cnncelled her nppointment with the counnelor. d. In or ahout Inte July, 1994, the defendant threatened to kill the plaintiff if she tried to leave, grnhbed her by her arms, kicked her on her legs, grahbed her thront /lnd tded to gouge her eyes hy digging his thumbs into her eye sockets with force. The plnlntiff screamed IInd pushed the defend/lnt awny. e. In or /lbout I/lte June, 1994, the defendnnt followed the pllllnt Iff Into the wnlk-In refrigerntor /It their mutual work place (Church of c,od Home), grnhbed her by her IIrms and shook her violent Iy. r. In l'r nbout ellrly June, 1994, the defendnnt punched the plaintiff on her arm, /lnd pushed nnd shoved her nbout. The plnlnt iff sustained n bruise on hur arm as /I resul t of this Inclllent. g. On or about Septembur 7, 199J, when she refused to engage In sexualllctlvlty with the defendnnt /lnd physically resisted him the defendant threntened the plnlnt i rr snying, "I f you scream, I'll hit you good." The plaintirr fearud for her safety and subml tted to the defendnnt's sexual demnnds. h. In or ahout MlIrch, 1992, the defendAnt pounded on the plnint iff's cnr in nnger, grnhbed her by the Arm, shook her violent Iy, and spun her nround. The plnlntirr sustaineil bruises on her arms ns a result of this incident. I. In or IIbout l'ehrulI"Y. 1991. the defendant got Into the pllllntlff's C/II' with her, screumed lit her, IInd slapped her fllce, The plllintl ff sUlltalned red finger IIIltrk:; on hilI' fllCII It/I II result of thlll incident. S. On FridllY, August 26, 19<)4. thll plnlntiff It!ft hilI' rllsidence at 121 Ellst Pomfret Strllet, Rellr ApI. I Cnrlisle, Cumherlllnd County, Pennsylvanlll, In order to IIvoid further ahuse. 6. The pllllntiff hel ieves IInd therefore livers thnt IShe lIS in immediate and present dunger of nhuse fl'llm the defendnnt und thnt she Is In nlled of protect ion from such nhuse, 7. The pluintifr desires thut the defendunt he prohibited from huving IIny direct or indirect contnct with the plaintiff including, but not limited to, telephone nnd written communicnt inns. 8. The plaint iff desires thut the defendnnt be enjoined from harassing and st/lIking the plllint i fl'. nnd from hal'l\ssing the plaint i t'f' s family. 9. The defendant hns used or threatened to use the following weapon in his abuse of the plaint I 1'1': swi tchblade kn i fe. 6,._..E-~J,U~ I Yf..1!Xl.lifll.li I~ 10. The home from which the plaint I ff is "sking the Court to exclude the defendant is owned In the names of Terry and Cnthy Burrick and the defendant has never resided there. The plnlntit'f is not sl\leking the eviction of the dcfendnnt from his residence. C I. IfI'NJ\I/I TP ''Rl)CI'J\I) IN I'l~ l'^lJJ'IiIWI II. Thu pllllntlrf w<lrks lit the church <If Gl1llll11me lit 801 Nnrth Hanover Street In ClIl'lislu, IIl1lt elll'llS IIppr<lxlmlltely $5,75 per huur, 12. The pllllnt I n docs nut hllve funds IIvlli IlIhltl tn PIlY the feeti for I'll in~ IInd servlcu uf this IlIwsuil. WlIEREFORE, pursullnt to the prnvisiuns of the "Protection from AhuM' Act" nf Octoher 7. 1'1761 23 P,S, ~ 1>101 ct 15'1!!., liS IImende.\' the plllintlff prllYIi thiN Honoruble Court to grllnt the followln~ relief: A. Grllnt II Temlxlrllry order purslllUlt tn the "Protect ion from Abuse Act:" I, Ordering the lIe f.mdlln t to refntln from abusing the plaintiff IInd/nr plllelng her in fellr of abuse; 2. Ordering the d~fendl\nt to refruln from hllving any direct or indirect contnct wi th tbe plllint i ff including, but not limited tn, telephune nnd written communicntions; 3. Ordering the ddendnnt tn refrllin from harassing and stalking the plllint iff nnd from hllrllssing the plnint iff's fami Iy; 4. Ordering the defendant to stay away from the residence located at 30 Bellglc Club ROlld, Curl isle. Cumberland County, Pennsylvania, which the pllrties h/lve never shored; 5. Ordering the defendant tn stay away from any residence the plaintiff may in tbe future establish for herstdf, and 6, Ordering the defendnnt In relinquish to the sheriff's depllrtment ttll' following weapon which he h/ls used or threatened tn Use IIgninst the plllintiff: switchblade knife. n. Schedule II he/lring in IIcconlllncf,l with the provisions of the "Protect ion fnlm Abuse Act." lind, /lflur such h'lllring, eliteI' all order to he ill effect for a period \)f onl' yt!/lr; I. Ordering the defendllnt to refJ"llin from IIbusing the plldnt iff lind/or plncing her in fellr of nbuMe, 2. Ordering tht! dcfendnnt to refruin from huving IIny direct or indirect contllc!. with the plnintlff including, but not limitt!d to, telephmw IInd written communicntions. 3. Ordering the defendllnt to rcfmin from harassing IInd stalking the plllilltiff IInrl from hnrussing the plllintiff's fami Iy. 4. Ordering tht! defendunt to stny nway from the residencll located lit JO nenglll cluh ROlld, Cnrlisle, Cumberland County, Pennsylvllnia, which the partie" hnve never shnrerl. 5, Ordering the defendnnt to stllY UWIlY from IIny re"idllnce the plnint i ff mllY in the future estllbl ish for herself. 6. Ordering the defendnnt to rei inquish to the sheriff's department the following weapons which he has used or threatened to use Ilgllinst the pluintiff: switchblade knife. 7. Ordering the dcfllndant to puy nil l'OSts of filing and service of this Il~wsuit Ilnd !tttorney's fees to Legal Services, Inc, The plaintiff further !tsk,s that tnis Petition be filed and served without paymllnt of costs, pending a further order Ilt the hearing, and that certified copies of this Petition und Order he delivered to the Carlisle and Middlesex Township Pol ice Dcpartmllnts who have Jurisdict ion to enforce this Order. ',~ ''-0 ~ ). . ,j~ I'" " "1.' . :'ii 'JI, (); , ~'lO '" I.....: ," ~:2 <-'... L" I r '-\ ... " ''-.J .... V"> "