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Home My WebLink About94-05034 J ::r- CY) o V) 1 ' I' 'I ..,IJ iI I' " / I I I I I, 'I I, , I I , I I I I I I I I ; ,I '1'...i L. .orkin, I 1M '1'HI COURT or COKMOM PL08 or I I plaintiff I , CUMBIRLDD COUIl'l'Y, Pl1OI8YLVDIA I I I 1)(1.111 v.. I 110. U - CIVIL TIRK I Lance D. ".rner, II I PROTIICTIOM FROII ABU811 \ Derendant I TIlHPORARY PROTIICTIVI ORDIIR AND NOW, this I day of September, 1994, upon " ,: presentation and consideration of the within Petition, and upon finding that the plaintiff, Tammi L. Sorkin, now residing at 425 Pawnee Drive, Mechanicsburg, cumberland county, Pennsylvania, is in immediate and present danger of abuse from the defendant, Lance D. Werner, II, the following Temporary Order is entered. The defendant, Lance D. Werner, II, now residing at 111 Second street, West Fairview, Cumberland county, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Tammi L. Sorkin, or placing her in fear of abuse and is ordered to stay away from the residence located at 425 Pawnee Drive, Mechanicsburg, Cumberland County, Pennsylvania, a residence which is not owned or leased by the defendant. 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 the 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 contact with the plaintiff including, but not limited to, stalking the plaintiff, or harassing the plaintiff or her relatives. The defendant is ordered to refrain from damaging or destroying any property owned by the plaintiff or any property owned jointly by the parties. This Order shall remain in effect until a final order is entered in the Nth this case. A hearing shall be held on this matter on day of September, 1994, at Courtroom No. /../ .J:()(} ...) .m. in r , Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed in forma DauDeris pending a further order after the hearing. 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 Hampden and West Fairview 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 Ord&r 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 v.. I I I I I I I I I. TNI COURT or COHMO. 'LIAS or CUNBIILAND COUHTY, PI..SYLVAHIA "0. ... - 'j 0 ,~I/ aIVIL TIIUI 'ROTICTIO. rROM ABUSI Taui L. lIorkin, Plaintiff Lanoe D. .erner, II Defendant HOTICII 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 requeated by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKI THIS PAPBR TO YOUR LAWYBR AT ONCI. Ir YOU DO HOT HAV. A LAWYIR OR CANNOT ArpORD ONB, GO TO OR TBLIPHONI THI OPPICI SIT rORTH BBLOW TO rIND OUT WHIRl YOU CAN GIT LBGAL HIL.. COURT ADMINISTRATOR, 4TH rLOOR CUKBIRLAIID COUNTY COURTHOUSI CARLISLI, PINNSYLVAIIIA 17013 TILlPHONI NUMBIRI (717) 240-6200 v.. I IN TNI COURT or CONKON 'LIAS or I I CUKBIRLA>>D COUMTY, 'IKNIYLVAMIA I I NO. 114 - :;- () 3 II CIVn. TllUI I I 'ROTICTION rRON ABUSI I T...i L. sorkin, Plaintiff Lana. D. Werner, II Defendant 'ITITION rOR 'ROTICTIVI ORDIR RELIEF UNDER THE PROTECTION FROM ABUSE ACT. 23 Pa. C.S.A. section 6101 et. sea. A. ABU81 1. The plaintiff is an adult individual whose permanent address is 425 Pawnee Drive, Mechanicsburq, Cumberland county, Pennsylvania, 17055. 2. The defendant is an adult individual residing at 111 Second street, West Fairview, Cumberland County, Pennsylvania, 17025. 3. The defendant is father of the plaintiff's child. 4. Since approximately November 1993, the defendant has attempted to calise 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 August 27, 1994, the defendant threatened to kill the plaintiff and to beat her up, and continued his threats by saying, "You better leave quick because I'm going to get you and get you good," causing the plaintiff to fear for her safety. b. On or about August 7, 1994, the defendant telephoned the plaintiff threatening to kill himself and the plaintiff. Later, the defendant came to the plaintiff's residence and threw rocks at her window for approximately twenty minutes, causing the plaintiff to fear for her safety. c. In or about June 1994, when the defendant screamed at the plaintiff, picked up an object, and raised it as if to throw it at her, the plaintiff left the residence fearing for her safety. The defendant followed the plaintiff into a store, stood close to her, and made a move to push her, but a friend stepped between them and pushed the defendant away, d. In or about November 1993, the defendant pulled on the plaintiff's arm, pushed her onto a couch, and slapped her across the face causing her face to be swollen. e. On several different occasions since November 1993, the defendant threatened to kill the plaintiff, On one occasion, the defendant threatened to tie the plaintiff to his car bumper and slam her into a brick wall. 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 ordered to refrain from having any contact with her including, but not limited to, stalking the plaintiff, and harassing the plaintiff or her relatives, 7. The plaintiff desires that the defendant be ordered to refrain from damaging or destroying any property owned by the plaintiff or any property owned jointly by the parties. B. ATTORNI! '118 8. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees pursuant to the Protection from Abuse Act. C. 8TATU8 TO PROCIID IN 'ORKA PAUPIRI8 9. The defendant is employed at Winding Hill Window Washing and the plaintiff has no knowledge of his salary. 10. The plaintiff is currently receiving public assistance of $316.00 per month. 11, The plaintiff does not have funds available to pay the fees for filing and service. WHEREFORE, pursuant to the provieions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S.A. Section 6101 n ~., 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": 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, stalking the plaintiff, and harassing the plaintiff or her relatives. 3. Ordering the defendant to stay away from the residence located at 425 Pawnee Drive, Mechanicsburg, Pennsylvania. 4. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 5. ordering the defendant to refrain from damaging or destroying any property owned by the plaintiff or any property owned jointly by the parties. 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: 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, stalking the plaintiff, and harassing the plaintiff or her relatives. 3. Ordering the defendant to stay away from the residence located at 425 Pawnee Drive, Mechanicsburg, Pennsylvania, 4. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 5. Ordering the defendant to refrain from damaging or destroying any property owned by the plaintiff or any property owned jointly by the parties. 6. Ordering the defendant to pay reasonable attorney fees. The plaintiff further asks that this Petition be filed and served without payment of costs, pending a further order at the Tammi L. Sorkin, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 94 - 5034 CIVIL TERM PROTECTION FROM ABUSE Lance D. Werner, II, Defendant ffiQJ~Qll'lLQBO..eB AND NOW I thi s _,L'..r day of September I 1994, upon consideration of the Consent Agreement of the parties, the followin9 Order is entered: 1. The defendant, Lance D. Werner, II, is enjoined from physically abusing the plaintiff, Tammi L. Sorkin, or from placing her in fear of abuse. 2, The defendant is enjoined from having any contact with the plaintiff, including but not 1 imited to, stalking the plaintiff, and harassing the plaintiff or her relatives, 3, The defendant, Lance D. Werner. II, is hereby excluded from the premises located at 425 Pawnee Drive, 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. The defendant shall seek modification (change) of this Order before resuming residence in the plaintiff's domicile. 4, The defendant, Lance D. Werner, II, is ordered to stay away from any residence the plaintiff may establish for herself in the future, 5, The defendant, Lance D, Werner, II, is ordered to refrain from damaging or destroying any property owned by the plaintiff or any property owned jointly by tha parties, 6, This Order shall remain in effect for a period of one year, 7, The Hampden and West Fairview 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 and an 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 not be taken to jail but shall be taken without unnecessary delay before the Court that issued the Order. When that Court is unavailable, the defendant shall be arraigned before a district just i ce who sha 11 set ba i 1 accord i ng to the prov i s ions 'of Chapter 4000 of the Pennsylvania Rules of Criminal Procedure (23 PS See t i on 61 1 3 ) . By the Court ....-A'~-'-_-LLL..!...~__-,-,---,- Kevi~ A, Hess, J. ~6, Ii,! O~ (' I dlS i , vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 94 - 5034 CIVIL TERM PROTECTION FROM ABUSE Tammi L. Sorkin, Plaintiff Lance D. Werner, II, Defendant CONSENLMBffM.ENI ;-(/./ This Agreement is entered on this .. jJ(. day of September, 1994, by the plaintiff, Tammi L, Sorkin and the defendant, Lance D. Werner, II, The plaintiff is represented by Joan Carey 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, Lance D, Werner, II, agrees to refrain from abusing the plaintiff, Tammi L, Sorkin, or from placing her in fear of abuse. 2, The defendant agrees not to have any contact with the plaintiff, including but not limited to, stalking the plaintiff or harassing the plaintiff or her relatives, 3. The defendant agrees to stay away from the residence located at 425 Pawnee Drive, Mechanicsburg, Pennsylvania. 4. The defendant agrees to stay away from any residence the plaintiff may establish for herself in the future. 5. The defendant agrees n0t to damage or destroy any property owned by the plaintiff or any property owned jointly by the parties, 6, The defendant, although entering into this Agreement, does not admit the allegations made in this Petition,